Harrasment at workplace forceful resignation Harrasment at workplace forceful resignation

8 months ago

Can I file a case against a government servant who was my colleague and badmouthed about me in my absence which ultimately mislead management and resulted in my forceful resignation?

Legal Counsel Vidhikarya

Responded 8 months ago

View All Answers
A.Dear Client,
There is no specific procedure provided in any law to deal with mental harassment at the workplace. Since mental harassment has been categorized in various forms under Indian law, the action to be taken shall be in accordance with the particular kind of harassment the victim has faced. Cases for mental harassment at the workplace can be filed against the employer or Company in the civil court as well as a criminal Court if you add the charge of criminal intimidation under Sec.506 IPC or charges under Sec.504 IPC that says whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offense, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. When you were forced to tender your resignation facing such kind of mental harassment and trauma at the workplace from the toxic behavior of your colleague/boss, you may serve a legal notice first to the higher authorities of the organization and thereafter you need to reach out to an Advocate for filing a criminal suit against your errant colleague and the higher authority for not responding to your notice. But, before taking a crucial decision for resignation, you may try or take a chance for your transfer or replacement to another deptt with the HR of the organization instead.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

View All Answers
A.Dear client,
You can file a complaint against and your colleague for harassing you to resign and also for tarnishing your reputation without any proof. A. Yes, you can take legal action against your colleague
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 8 months ago

View All Answers
A.Dear Madam,
Yes, you can file police complaint immediately and send representations to all the higher officers along with evidence which you might be having or names of the witnesses who are supporting you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconTermination shown as resignation, done salary adv recovery from my FnF
Dear Client, While the PoSH Act, 2013 explicitly protects aggrieved women, it provides men with a redressal mechanism to plead their case in the event of a false or malicious accusation. It provides...
question iconLegal advice
Dear Client, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make offices safer for women by h...
question iconLegally advice for sexual harassment case
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...
question iconIf any male person has trapped
Dear Client, While the POSH Act, 2013 explicitly protects aggrieved women, it provides men with a redressal mechanism to plead their case in the event of a false or malicious accusation. It provides a...
question iconI want to enquire about posh complaint against me
Dear Client, The consequences of asking a colleague for a casual hookup can vary depending on the workplace policies, the nature of your relationship with the colleague, and the local laws and regul...