Action to be taken for a false complaint of sexual harassmen
A.Mohamed Thaheer
(Querist) 19 May 2009
This query is : Resolved
What criminal/civil action could be taken against a woman govt. servant who had given a false complaint of sexual harassment in the
Govt. office and later decided by the committee that the charge could not be proved since the complaint had declined to appear before the committee of inquiry,which was constituted according to the guidelines of the Hon. Supreme Court of India, in the case of Vishaka & Others vs State of Rajasthan (1997)
deepak kumar
(Expert) 19 May 2009
if the complainant did not appear then it does not mean that the complaint was false. is there any finding of the committee to that effect?
A.Mohamed Thaheer
(Querist) 19 May 2009
Yes, the Committee reported that the charges are not sustainable and hence the charge could not be proved.
A.Mohamed Thaheer
(Querist) 19 May 2009
Then, what is the other way to the accused to prove that he is not guilty from the false accusation in the complaint?
Guest
(Expert) 20 May 2009
If the complainant's non-appearance before the Committee is due to the reason that she cannot prove the charges, then a suit for defamation in the civil court lies. But the complainant's non-appearance may be due to the reason that she does not want to drag the issue further due to the fear of social stigma, then she will prove her case in defamation suit.
Hence, my advice is that if the complainant's allegations are true, please do not proceed further and let the matter be kept there. If the complainant's allegations are totally false and are levelled for ulterior purposes, then you should certainly pull her to civil court.
Swami Sadashiva Brahmendra Sar
(Expert) 20 May 2009
agree with mr prabhakar. also see, if making a false charge is misconduct under relevant service rules? if so, disciplinary action can be taken against her.
