LI Network
Published on: 19 August 2023 at 11:28 IST
The Calcutta High Court has ruled that an employer cannot be charged with criminal intimidation or conspiracy for requesting an employee to immediately relocate to their designated place of posting.
The judgment came in a case involving a criminal complaint against an HR manager of IDBI Bank, who had been accused of conspiring to defame and transfer an assistant manager.
Justice Ajoy Kumar Mukherjee, presiding over the case, emphasized that if an organization employs its transfer policy to reassign an employee, such an action does not fall within the purview of criminal intimidation under Section 506 of the Indian Penal Code (IPC), as it does not involve any threat to the individual’s reputation or property.
The case had arisen from allegations that the HR manager and other officers had conspired to harm the complainant’s reputation and transfer him from one location to another.
The charges included criminal conspiracy (Section 120B) and criminal intimidation (Section 506) under the IPC.
Upon being summoned by a magistrate, the HR manager approached the High Court to quash the charges.
The manager presented evidence showing that the complainant had been previously accused of sexually harassing a fellow employee, which led to a decision by higher authorities to transfer him.
The HR manager also highlighted that the transfer was in line with the bank’s policy and that employees with more than five years of experience were typically relocated.
The High Court accepted these arguments and quashed the criminal charges, noting that they appeared to be an attempt to seek revenge through the legal process.
Furthermore, the High Court criticized the magistrate’s handling of the case. The Court emphasized that the magistrate’s role is not passive but requires a thorough evaluation of the complaint’s validity and its potential to constitute an offense.
The bench stressed the necessity for careful scrutiny of the evidence before issuing legal processes in criminal cases.
Advocates representing the HR manager included Ayan Bhattacharya, Arindam Dutta, Kausik De, Mohini Majumder, and Raghav Munshi. The complainant was represented by Advocates Prosenjit Mukherjee, Nirmalya Kumar Das, and Poulami Dutta.
The Calcutta High Court’s decision underscores the importance of maintaining fairness and balance when assessing legal complaints related to employee transfers within the framework of the law.