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Probe 'motive' before registering sexual harassment complaint against public servant

November 19, 2018


Madhya Pradesh High Court has quashed a & lsquo sexual harassment' complaint against a public servant while observing that harassment of the public servant by filing a false case by those who were restrained by him from committing illegal and unauthorized act, is outrageous to the Rule of Law. The Court has stated that it is the duty of the Investigating Officer to investigate properly and try to reach the motive in such complaints. In the present case, the HC has held that a false complaint was filed by the complainant to settle the score and put pressure on the official who tried to disconnect the electricity connection. The Court has said that the complainant was restrained by the public authority from committing an illegal act and with the motive to overcome the situation, a sexual harassment complaint was filed by the complainant. In this regard, the Court has stated that it is the duty of the Investigating Officer to look into the allegations and also consider the background of the case when such a complaint is filed against a public servant. Further, the HC has asked the investigating authorities to apply their mind in the facts and circumstances in such false and frivolous complaints filed by the displeased elements of society who intimidate the Government Officers while performing their official duties.


 

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