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Home Chandigarh Nurse to pay Rs 1L for frivolous plea

Nurse to pay Rs 1L for frivolous plea

Saurabh Malik

Press Reporter News Service

Chandigarh, July 27

The Punjab and Haryana Excessive Court docket has imposed an exemplary wonderful of Rs1 lakh on a workers nurse for submitting a “utterly frivolous” petition in an alleged sexual harassment case. The court docket ordered the drawing and disbursing officer to get better the quantity from the petitioner’s wage in three instalments.

The nurse, working at an ESIC Mannequin Hospital in Chandigarh, had moved the Excessive Court docket in opposition to the Union of India and different respondents for setting apart the report of an inside complaints committee on her grievance underneath the Sexual Harassment of Ladies at Office (Prevention, Prohibition and Redressal) Act, 2013.

Arguing earlier than Justice Ramendra Jain’s Bench by means of video-conferencing, her counsel contended that three out of 5 members of the inner complaints committee, who held an in depth inquiry on her grievance of sexual harassment, appeared as defence witnesses and supported the “delinquent physician”. Describing the inquiry report submitted by them as “biased and unlawful”, her counsel added that the committee of inside inquiry, in connivance with one other physician and the “delinquent physician”, destroyed the CCTV footage of the incident. Her counsel said that the inquiry was unfair due to non-joining the petitioner within the proceedings.

Showing for the Union of India and one other respondent, senior advocate Satya Pal Jain and Sai Geeta Srivastava submitted that they weren’t obligatory social gathering and had been illegally impleaded.

Justice Jain asserted that the court docket discovered the moment petition to be “utterly frivolous to blackmail the system and superiors underneath whom the petitioner works”.

Out of the 5 members of the inner complaints committee, two had been docs and one was from the deputy nursing workers. One other one was an advocate with a level of doctorate.

The petitioner’s grouse that the impugned report was biased as three of its members appeared in defence was utterly baseless, Justice Jain added. Their statements recorded throughout inquiry confirmed they solely introduced on report true info of the alleged incident, which had occurred of their presence, Justice Jain stated. “Their conduct doesn’t by in itself quantity to favouring the alleged delinquent physician,” Justice Jain added.

Every facet of the allegations levelled by the petitioner had been handled intimately by the committee with none bias, Justice Jain stated.

The petitioner being an boastful employee needed to create worry psychosis within the thoughts of their superiors by means of the petition, Justice Jain added. It couldn’t be permitted because the report was given by a committee comprising three docs, two belonging to medical career and one authorized skilled, Justice Jain stated.

“The moment petition stands dismissed with exemplary prices of Rs1 lakh,” Justice Jain concluded.

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