I am working in paramilitary force
My Commanding Officer has mentally tortured and humiliated me when I was proceeding on leave on 12.09.2020. On 11.09.2020 in the evening clerk rang me up around 07.47 pm and told me that i cant proceed for leave as i am detailed for other duties. . Then i called sir in his phone number several times and lastly i rang him up in his landline number. But I couldn’t reach him. Finally I told clerk that after trying several times I was unable to reach him and to convey him that I had called him. Next day on 12.09.2020 at around 0950 am again I received call from clerk with another objection that that sir has told me to inform you not to proceed on leave as my cancellation is not yet received. On 11/09/2020 evening he told ,me that it was other duty and on 12/09/2020 morning it was suddenly another duty . At around 12pm I saw written msg of regarding cancellation of my duties and forwarded it by WhatsApp to clerk. Around 12.02 PM I informed Control Room that I have got leave certificate and I am proceeding on leave and please inform this to Commanding Officer . About 12.03 pm when I reached at gate by my own car then Guard Commander told me that control room has instructed me to not open the gate for you and not allow you to go outside otherwise disciplinary action will be initiated against me..Then I ask Guard Commander to call control room and to enquire about who has given such order then control operator told that clerk has instructed such. Then I called Duty officer and asked for such any order but he also refused for any such order. Then I requested him to come at gate Then again I called Commanding Officer and told that when i have my leave order with me and my detailment has been already cancelled then why I have been stopped from proceeding on leave. He told that cancellation of your detailment has not been confirmed. Then I told him that I have already sent the wan msg received from higher headquarters regarding cancellation of my duty to clerk and this msg has been sent to our battalion from higher headquarters on yesterday then how you are not aware?
Sir was aware about complacency of my wife’s pregnancy.
He was well aware that I have represented for cancellation of my detailment and also that in past also my detailment for duty was cancelled on ground of my wife’s complication in pregnancy.
Order regarding cancellation of my detailment was received on 11.09.2020 but I was stopped intentionally from proceeding on leave on 12.09.2020 at 1215 hrs.
This is the last stage of my wife’s pregnancy and doctor has called my wife on 13.09.2020 for re-check up.
Sir has intentionally harassed me and disturbed me mentally and my wife during such crucial time. Giving an order to Guard Commander to not open gate and stop me from proceeding leave while my detailment was already cancelled has totally disturbed me and hurted me so I wrote SENIOR OFFICER for justice and to maintain dignity and honour of my rank not only this time but in future also not even with me but also with other force personnel .
BUT STIL AFTER 5 MONTHS NO ACTION WAS INITIATED AGAINST HIM. ME AND MY WIFE WROTE SEVERAL COMPLAINTS TO HIGHER HEADQUARTERS BUT IN VAIN. NOW I WANT TO APPROACH COURT OF LAW FOR JUSTICE
There are various categories that can be covered under the purview of harassment at workplace against the employees due to which the employees have to suffer humiliation & Mental Torture (Mental Harassment) and are often exploited by their respective supervisors.
Indian labour laws cover a large number of acts under its purview and since labour laws are covered under the concurrent list of the Seventh Schedule of the Constitution of India, so both central and state governments have jurisdiction to pass their own laws on relations between the labourers and relating to issues of the employment.
You can initiate this in an Army Court by filing a case under Section 47 of The Army Act 1950. Section 47 of Army Act 1950 deals with - "Ill Treating a Subordinate."
The section further states that - "Any officer, junior commissioned officer, warrant officer or non-commissioned officer who uses criminal force to or otherwise illtreats any person subject to this Act, being his subordinate in rank or position, shall, on conviction by court- martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act as mentioned."
