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Sanjeev Mishra, Chief Manager, Bank of Baroda, Chennai, had filed a writ petition in the High Court of Rajasthan. The petitioner had prayed for quashing and setting aside a complaint filed by the Disciplinary Authority & General Manager of Bank of Baroda as it does not lie within its jurisdiction. The petitioner is working in a different state while the complaint was lodged in another. The petitioner argued that the complaint about sexual harassment at the workplace could have been initiated only when the petitioner commits any sexual harassment at the workplace. The learned counsel also submitted that the allegation of sending of messages is after working hours and therefore the charge sheet is misconceived and inquiry could not be conducted.
Justice Sanjeev Prakash Sharma rejected the petitioner's contention and asserted that if a person posted in Jaipur acts on a digital platform harassing another lady who may be posted in a different state, will come within the ambit of being harassed at a common workplace. The second submission of the petitioner, that the obscene and overt messages alleged were sent after the working hours and the petitioner is a chief manager whose working hours is 10.30 am to 4.30 pm, and any communication after that will not be at the workplace.
The court asserted that in a present digital world, the workplace for employees working in the Bank and the employees who are transferred to different branches situated in different states will be treated completely as one workplace on a digital platform. The court also rejected the submission and held that if the messages are sent after the working hours, it would amount to causing harassment and prima facie will come within the meaning of misconduct under the Regulations of 1976.
The petition was dismissed accordingly.
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