Mental harassment and defamation of character
Paras Gupta
(Querist) 01 April 2012
This query is : Resolved
Hi,
I am working with TCS e-serve international limited.One of my male colleagues filed a false complaint with HR of sexual harassment. I have been falsely accused of calling him gay in an official meeting. No evidence has been provided in this regard. Also, it seems HR is trying to frame me by gathering information regarding my past behavior with other people. This includes some heated arguments and discussions with others. The person even after filing complaint is sharing dinner, snacks and desk with me. He acts as if nothing ever happened. He also indulges in indoor games etc. with me, we never had any arguments. Still, my appraisal has suffered, I lost an opportunity within company. My promotion which is due since Oct'11, is being delayed. I am also informed that i would be issued warning letter for the false charges. And that too without even showing any evidence.
Can i sue my company and my colleague for Mental Harassment and Defamation of character?
Please advise.As I have gone thru a lot of mental trauma.
Would like to update status as on 27/04/12:
I have been issued warning letter despite there is no evidence. My last year Appraisal band was "A" and this year I have been given "D". As a result, My Salary has been decreased by 62k p.a. My promotion has been frozen, all others due for promotion were promoted. I have also been assigned Performance Improvement Plan(PIP).
I have lost all the hopes and feeling very low. I feel my career is ruined and life is finished.
V R SHROFF
(Expert) 01 April 2012
yes, u sue both.
SAINATH DEVALLA
(Expert) 01 April 2012
Dear Guptaji,
Has your social movement,created you such problems.Are they behaving in such a manner only with you or with all female staff.If that fellow is wantedly creating problems to you,he has to be taught a lesson.Why is your HR hand in glove ith that fellow. If you have strong evidence that you are innocent to the happennings,give a complaint to your management,File a case against the concerned for creating mental harrasment.
SAINATH DEVALLA
(Expert) 01 April 2012
Guptaji,
you can file u/s 499ipc for defamation.
Nadeem Qureshi
(Expert) 01 April 2012
Dear Querist
yes, you have right to file a case against your company or your colleagues for mental harassment and defamation case, in criminal you can file a defamation case u/s 499 IPC
feel free to call
Adv. Chandrasekhar
(Expert) 01 April 2012
your question has got two aspects. first one is financial loss due to deferment of increment, which was due in Oct. 2011 and warning letter which may be placed in your personal file, which may affect your future promotional avenues. Other aspect is the mental trauma you are facing.
In the first issue, write a letter to the management asking for release of increment dues by granting increment from Oct. 2011 and if they fail to do so, you can claim it by filing appropriate case against the management. The burden is on the management to prove the so called allegations against you. Similarly, giving warning letter also without affording you opportunity also wrong on the part of the management and if they do so, you ask them to withdraw warning letter and if they fail to do so, seek remedy through court of law.
At this stage, defamation does not lie against them until they first put allegation against you and later on they fail to prove it. So drop that idea.
Paras Gupta
(Querist) 27 April 2012
I have been issued warning letter despite there is no evidence. My last year Appraisal band was "A" and this year I have been given "D". As a result, My Salary has been decreased by 62k p.a. My promotion has been frozen, all others due for promotion were promoted. I have also been assigned Performance Improvement Plan(PIP).
I have lost all the hopes and feeling very low. I feel my career is ruined and life is finished.
