In Debarati Banerjee vs State of West Bengal case the Calcutta High Court stated that employer cannot be reserved for a criminal consipracy because the employe has been asked to join the his place of posting immediately.
Justice Ajoy Kumar Mukherjee observed that the criminal case was filed against the manager of IDBI Bank. If there has been an transfer of employee according to the transfer policy it wouldn’t be considered as an criminal intimidation under Section 506 of the Indian Pena Code. It does not lead to any injury or harm to any employee said the Court.
The Court also added that, Telling the employee to join the posting of his place on immediate basis is not been considered as a criminal intimation.
Thus the manager and others has been charged under the Section 120B i.e. Criminal conspiracy and Section 506 Criminal intimidation.
HR manager repeal the Charges when the summons were issued by the Magistrate. On the complaint it was decided to transfer the complainant to Tripura on the basis of administration, said the Court.
The HR manager also noted that officers with more than five years of experience were normally transferred under the bank’s transfer policy and that the complainant had completed six years in Birbhum.The manager said that he was not on the Internal Complaints Committee (ICC) panel and was not involved in the decision to transfer the complainant.
In this case the Court questioned the Magistrate on entertaining this criminal complaint and issued summons without verifying the complaint.
The magistrate’s role shouldn’t be like a silent spectator at the time of recording of preliminary deposition before issuance of process in a criminal case, the bench stated.
Advocates Ayan Bhattacharya, Arindam Dutta, Kausik De, Mohini Majumder and Raghav Munshi appeared for the HR manager.
Advocates Prosenjit Mukherjee, Nirmalya Kumar Das and Poulami Dutta represented the complainant.
Written by- Vedangi Kannav, College name – Vivekanand College Of Law, Semester- V intern under legal vidhiya,
