JUDGEMENT
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(1.) Petitioner was working as an Assistant Manager (Technical
Sales) with Gnome Business Solution ( hereinafter to be referred in short as
GBS) and was also assigned additional task of imparting training to new
recruits by the management of the company. Now petitioner is practicing
advocate in various courts in Delhi. He has been booked for alleged sexual
harassment of newly recruited female trainees, for outraging their modesty,
vide FIR No.173 dated 30.11.2011, (Annexure P-1) registered at Police
Station Udyog Vihar, Gurgaon, under Sections 354, 509 IPC. The instant
petition is for quashing of the FIR in question.
(2.) The brief allegations, as narrated in the FIR, are to the effect
that the petitioner who was a Manager at Gnome Business Solution, Udyog
Vihar, Gurgaon and was also imparting training to the new recruits, had
talked with four female complainants in an indecent manner and rudely and
asked them that if they have to clear the training and to have promotion,
then they will have to compromise the situation. It is also alleged in the
FIR that many times he used to touch the complainants in a wrongful
manner. There is further allegation in the complaint against the petitioner
that he had made advances that he had got the keys of a room and they
could go there and enjoy. It is further alleged in the FIR that the petitioner
had discussed about the size of his private part and had used words which
are not appropriate to be reproduced here, as are mentioned in the FIR. He
had also been discussing about the physical structure and appearance of the
female trainees and had threatened them that he will throw them out if they
talked to anyone in this regard. The complainants are out of employment
within 13 days of joining job. It is also mentioned in the complaint that
earlier they could not react against his indecent behaviour because they
were feeling tense and shy.
(3.) It is pertinent to mention here that the complainants (names
have been withheld) are female trainees from various parts of the country
and are young girls who had joined the service on 14.11.2011 and had to
leave unceremoniously on 26.11.2011, which included the training period.
They were on training for just a week commencing from 14.11.2011 to
21.11.2011 only, out of which five days were for training and thereafter,
there was an On-Job Training.;
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