DEBARATI BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure 1973 (Cr.P.C.) has been preferred seeking quashing of the proceeding in respect of present petitioner being complaint case no. 632 of 2018, pending before learned Judicial Magistrate 3rd Court, Suri, Birbhum. Petitioner states that petitioner is the Manager of Human Resources department of IDBI Bank, Shakespheare Sarani Branch. Ms. A.Dutta, being a Grade-A employee in course of her employment was posted at the Suri Branch. Said Ms. Dutta made a complain against opposite party no. 2 herein and on receipt of such complain the Branch Head had forwarded the same to the Regional Head and thereafter Regional Head forwarded the same to the higher authority. Said complain was in the nature of sexual harassment at work place and an internal complaint committee in terms of law, started enquiry into the complain made by Ms. Dutta against opposite party No. 2 herein. Petitioner submits that he was neither a part of said internal complaint committee nor he was a decision-making authority in respect of findings of such committee. In the meantime said opposite party no. 2 was transferred from Suri Branch, West Bengal to a Branch in the state of Tripura on an administrative basis. Petitioner further contended as per the transfer policy of IDBI Bank, officers with more than five years of stay in a station, would normally be liable for transfer outside the station. Since opposite party no. 2 herein has completed his six years service at Suri Branch and as there was an urgent requirement of an experienced officer in the Tripura Branch, the transfer was effected as an administrative measure.

(2.) Petitioner's further case is he was surprised to receive a summon in the month of December, 2018, wherefrom she came to know that said opposite party no. 2 has filed suit for defamation before the Civil Judge (Senior Division), Durgapur on an absolute false and concocted story alleging that petitioner herein has hatched up conspiracy for ensuring the transfer of opposite party no. 2 herein and prayed for passing decree for Rs.5,00000.00 against each of the defendants including the petitioner herein in the said suit. In the midst of such event, the petitioner was further surprised to receive another summon wherefrom it appeared that opposite party no.2 has filed aforesaid criminal proceeding against present petitioner and other accused persons.

(3.) In the said written complaint opposite party no. 2 herein contended that he was posted as Assistant Manager of IDBI Bank, Suri Branch, and accused no. 1 to 4 (present petitioner is accused no.2) have an unholy nexus to cause removal of opposite party no. 2 from the said Branch. In pursuance of such conspiracy the accused no. 1 (aforesaid Ms. Dutta) on instruction of the other accused persons had lodged a false complaint of physical molestation. It is further alleged that upon complain made against the opposite party no. 2, the accused persons caused assassination of the character of the opposite party no.2 herein. Accused No. 3 had forwarded complaint of Ms. Dutta to accused no. 2 (petitioner herein) and opposite party no. 2 had sent the said complain to accused no. 4 and accordingly the impugned transfer was effected. Further allegation is that accused no. 1 and 3 have caused physical and mental torture upon opposite party no. 2 and due to such illegal activities of the accused persons and the conspiracy, the opposite party no. 2 has been transferred to Tripura.