In Digital Era, Employees Working In Different States To Be Treated As 'One Work Place' For Purposes Of Sexual Harassment At Workplace: Rajasthan High Court

"In the present digital world, work place for employees working in the Bank and who have earlier worked in the same Branch and later on shifted to different branches which may be situated in different States has to be treated completely as one work place on a digital platform," a Single Bench of Justice Sanjeev Prakash Sharma observed.

Background

The Judge was presiding over a petition filed by a Chief Manager of Bank of Baroda, accused of sexual harassment by a subordinate employee, seeking quashing of a charge sheet issued to him by the Disciplinary Authority of the Bank.

The Petitioner had stated that the Authority did not have the jurisdiction in this matter for the following reasons:

1. The petitioner is working in a different State while the complainant who has lodged a complaint for sexual harassment is in another State.

It was argued that in terms of Bank of Baroda Officer Employees' (Discipline and Appeal) Regulations, 1976, inquiry could have been initiated only when the petitioner commits any sexual harassment at the work place. Since the petitioner is different from that of the complainant, charge sheet could not have been issued to the petitioner and no inquiry could be conducted.

2. The allegation in the charge sheet relating to sending of obscene messages is after working hours and therefore, also charge sheet is misconceived and inquiry could not have been conducted.

Findings

The Court observed that in the present digital world, work place for employees working in different branches/ States has to be treated completely as "one work place" on a digital platform. It held,

"If a person may be posted in Jaipur and acts on a digital platform harassing another lady who may be posted in a different State, it would come within the ambit of being harassed in a common work place."

Rejecting the second contention raised by the Petitioner, the Court observed that even if messages are sent after working hours, it would amount to causing harassment and prima facie would come within the meaning of misconduct under the Regulations of 1976.

In the facts of the case, nevertheless, the Court made it clear that the Petitioner was holding the post of Chief Manager and the work timings for officers of senior level cannot be taken into consideration as between 10.30 AM to 4.30 PM alone.

Case Title: Sanjeev Mishra v. Bank of Baroda & Ors.

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