AMIT GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY way of this order, I shall dispose of CRM -M 5903 of 2013 titled "Amit Gupta vs. State of Haryana and another", CRM -M - 5904 of 2013 titled "Rajesh Mishra vs. State of Haryana and another, CRM - M - 21841 of 2013 titled "Suchee Pahwa Nanda vs. Fidelity Business Services India Private Limited and others" and CRM -M -21842 of 2013 titled "Suchee Pahwa Nanda vs. Amit Gupta (TIS)and others", as these have emerged out of the same proceedings i.e. Criminal Complainant titled "Ms. Suchee Pahwa Nanda vs. Mr. Rajesh Mishra and others", summoning order dated 19.3.2011 and proceedings emanating therefrom. The facts are being taken from CRM -M - 5903 of 2013.

(2.) MS . Suchee Pahwa Nanda, complainant (respondent No. 2 herein) filed the aforesaid complaint for offence punishable under Sections 323, 504, 354, 506, 212 read with Section 34 of the Indian Penal Code (for short "IPC"). The complainant joined the company namely Fidelity Investments Private Limited in March 2003. As per allegations, on 3.11.2009, the complainant was called by Mr. Rajesh Mishra (Head H.R.) in his cabin at 5.30 p.m. when almost all the employees had left the office. She was told by him to resign immediately. The complainant wanted to know the reason for this and refused to resign. When she wanted to leave the cabin of Mr. Rajesh Mishra, he caught her from neck and called Mr. Amit Gupta, (H.R.) to come in the cabin and blocked the exit door. They threatened the complainant with dire consequences to terminate her job, finish her career and tarnish her reputation. She was not allowed to leave the cabin or communicate with anyone. She was manhandled by both of them and she was caught her by the neck by Mr. Rajesh Mishra while Mr. Amit Gupta was holding her by her shoulders across her chest with full force hurting and molesting her faminehood and they outraged her modesty. On seeing gravity of the situation, she wrote two lines resignation to save herself fearing of insult and humiliation from them. She noted the date on the resignation as 4.11.2009 but Mr. Mishra got the date changed to 3.11.2009 by cutting 4.11.2009.

(3.) ON 4.11.2009, she went to the office to report to the country head Mr. Pat Shea but she was not allowed to enter the office. The complainant gave many complaints to the company's senior office bearers, the Station House Officer of the concerned police station and senior police officers but no action has been taken. She was persuaded to enter into a compromise with the company but she refused. Mr. Alok Mittal, Joint Commissioner was appointed as an enquiry officer, who further appointed some inspector to conduct the enquiry. The enquiry officer conducted a very long, unilateral and arbitral enquiry without calling the complainant and the accused together.