Sexual Harassment of a Lady Employee

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HC directed Police to file status and produce CD files

Jammu:  In a petition filed by a lady employee (name withheld) seeking directions to SSP Samba and SHO P/S Bari Brahmana to produce charge sheet against Tara Chand Saini S/o B.S. Saini resident of Saharanpur (UP) Senior Manager in a multinational company M/s Ultimate Flexi Pack Ltd. SIDCO Industrial Complex Bari Brahmana (Samba) against whom the petitioner lodged FIR No.143/2015 dated September, 8, 2015 P/S Bari Brahmana under Section 294/293, 354/509 RPC, Justice Bansi Lal Bhat of J&K High Court (Jammu Wing) directed SSP Samba and SHO P/S Bari Brahmana (Samba) to file status report in respect of aforementioned FIR and also issued directions to produce CD files on the next date of hearing i.e. November, 17, 2015.

After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner Justice Bansi Lal Bhat issued notices to SSP Samba and SHO P/S Bari Brahmana (Samba) in the first instance for filing the status report and for producing the case diaries on the next date of hearing.

Advocate S.S. Ahmed submitted that the Senior Manager Tara Chand Saini left no stone unturned to abuse his official position as he indulged in sexual harassment of the petitioner by various means and on number of occasions the Senior Manager molested the victim and on number of occasions made telephonic calls to seduce the petitioner to have sex with him. Fed up with repeated demands for sex the petitioner lodged an FIR against the Senior Manager in Police Station Bari Brahmana on September, 8, 2015.

Advocate S.S. Ahmed further submitted that the management of the company is hell bent to shield the Senior Manager and till date no action has been taken against him and the malafide intention on the part of the management is apparent from the fact that the culprit was in police custody from September, 8, 2015 to September, 10, 2015 and during this period the Director treated him as on leave and the salary for the said period was also paid to him. Advocate Ahmed further submitted that the management is exerting pressure on the local police for the closure of the case and there is no progress in the investigation. He further submitted that other employees are being pressurized to depose in favour of the Senior Manager so that he is given clean chit in the so called departmental enquiry.

After considering the submissions of Advocate S.S. Ahmed Justice Bansi Lal Bhat issued directions to the SSP Samba and SHO P/S Bari Brahmana to file status report in respect of aforementioned FIR and also issued directions to produce CD files on the next date of hearing i.e. November, 17, 2015. (CNS)

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