NIHAR PRASAD SHARMA Vs. NUMALIGARH REFINERY LTD

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. P. Kataki, learned counsel for the petitioner. Also heard Mrs. M. Hazarika, learned senior counsel, assisted by Mr. D. Khan, learned counsel for the respondent nos. 1 to 4 and Mr. S. Banik, learned Legal Aid counsel for respondent no.5.

(2.) In brief, the case of the petitioner is that on 28/7/2021, while he was working as the Deputy General Manager (Instrumentation)- cum- Head of the Instrumentation Department, NRL, Numaligarh, the respondent no. 5 had made a complaint before the Presiding Officer, Internal Complaints Committee of Sexual Harassment of Women at Workplace, NRL (ICC for short), inter alia , alleging that the petitioner had given her a drink and thereafter, she became unconscious and during that period her body was violated by the petitioner.

(3.) On 19/8/2021, the respondent no. 5 had also lodged an FIR before the Golaghat Police Station against the petitioner, alleging sexual assault. Accordingly, Golaghat P.S. Case No. 813/2021, under Sec. 354A/376 IPC was registered. The petitioner was arrested on 20/8/2021 in connection with the said police case and he was released on 29/10/2021, pursuant to an order dtd. 26/10/2021, passed by this Court in B.A. No. 2624/2021.