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2021 Supreme(Raj) 28

SANJEEV PRAKASH SHARMA
Sanjeev Mishra – Appellant
Versus
Disciplinary Authority and General Manager, Zonal Head, Bank of Baroda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Narendra Kumar Gautam

ORDER :

Sanjeev Prakash Sharma, J.

1. The petitioner by way of this writ petition has prayed for quashing and setting aside the charge sheet dated 4.1.2020 and notice dated 31.12.2020.

2. Learned counsel for the petitioner submits that the Disciplinary Authority & General Manager, Bank of Baroda has wrongly issued the charge sheet to the petitioner as it does not lie within its jurisdiction. The petitioner is working in a different State while the complainant who has lodged a complaint for sexual harassment is in another State. Learned counsel submits that in this regard, notice was also given to the respondent.

3. Learned counsel submits that in terms of Bank of Baroda Officer Employees' (Discipline and Appeal) Regulations, 1976 (hereinafter referred to as "Regulations of 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. However, learned counsel submits that the allegation in the charge sheet relating to sending of messages is after working hours and therefore, also

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