TATA TELE SERVICES LTD. Vs. MANISH KASHYAP

JUDGEMENT

(1.) Heard Mr. N Dutta, learned Senior counsel, assisted by Mr. J Roy, learned counsel for the petitioners and Mr. PD Nair, learned counsel for the complainant/respondent.

(2.) The petitioners are the accused against whom summons are issued in respect of commission of offence under Sections 499/500 IPC. The respondent is the complainant. The facts reveal that the complainant was an employee of Tata Teleservices Ltd., who is the petitioner No.1. The petitioner Nos.2 to 5 are the employees of the petitioner No.1 and the co -accused. It is alleged that the complainant was framed with false allegation of sexual harassment of the women employees and that without holding an enquiry orally it was told to several people that the complainant is guilty of committing sexual harassment of his female employees and that his guilt has been proved. The complainant was also told that no severe punishment would be imposed on him and he was transferred to Aizawl Unit from Jorhat.

(3.) The gist of the complaint discloses that there was no enquiry at all. No opportunity was given to him to prove his innocence. False documents have been concocted to show that an enquiry was conducted and that the complainant had admitted his guilt. The complainant submits that on account of false accusation of sexual harassment his image in the society is lowered and the false accusation and admission of guilt was also informed to several employees. The complainant filed a private complaint before the Magistrate at Guwahati about one year after the incident.