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The court observed that such complaints, when found baseless, spread rapidly within society and the workplace, forcing an accused officer to live under stigma.
The judgment emphasised that false sexual harassment complaints must be dealt with firmly to deter misuse of workplace protection laws and to ensure that officers can perform their duties without fear of fabricated allegations.
A Delhi court has awarded damages of Rs 10 lakh to a Border Security Force officer after concluding that false allegations of sexual harassment made against him by a colleague caused loss of reputation and mental harassment, despite his otherwise unblemished service record of more than three decades.
The judgment was delivered by District Judge Gunjan Gupta, Saket Courts, New Delhi. The court decreed the civil suit partly in favour of the officer, represented by Bijender Singh, Advocate, represented the officer pro-bono, who had sought recovery of damages after multiple sexual harassment complaints were filed against him in 2016.
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Findings of the Court
The court noted that while sexual harassment at the workplace is a grave offence, false allegations are equally serious as they violate the fundamental right of an individual to live with dignity and can damage both professional reputation and personal life. It observed that such complaints, when found baseless, spread rapidly within society and the workplace, forcing an accused officer to live under stigma.
The judge held that the complaints were false, concocted, and motivated by personal grudge. The officer’s professional reputation, built over more than three decades of unblemished service, was found to have been tarnished among colleagues and family members.
“…the complaints tarnished the image and reputation of the plaintiff among colleagues and family, and subjected him to unwarranted inquiry proceedings,” the court said.
Inquiry Proceedings and POSH Mechanism
An inquiry conducted by the BSF concluded that the allegations were prima facie false and frivolous. It recorded that the officer was not present in the office at the time of the alleged incident and that contradictions existed between the complaints.
The Internal Complaints Committee under the POSH Act also exonerated the officer, finding no substantiating evidence to support the charges. The report was endorsed by the Inspector General, noting delay in filing of the initial complaint and the absence of corroboration from female staff present on the day of the alleged incident.
The court recorded that these findings had attained finality and went unchallenged. It further observed that the defendant did not file any written statement despite repeated opportunities, leading to the plaint’s averments being deemed admitted.
Damages Awarded
The officer had sought Rs 30 lakh in damages. The court held that anticipated losses of salary and pensionary benefits could not be included as they had not materialised. However, considering his clean service record of over 35 years, the seriousness of the allegations, the stigma suffered, and the proven falsity of the complaints, the court awarded Rs 10 lakh in compensation along with costs of the suit.
The judgment emphasised that false sexual harassment complaints must be dealt with firmly to deter misuse of workplace protection laws and to ensure that officers can perform their duties without fear of fabricated allegations. “…while sexual harassment at workplace is a serious offence, false allegations of sexual harassment are equally grave as they violate the fundamental right of an individual to live with dignity and can seriously damage professional and personal life,” the court noted.
About the Author
Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked previousl…Read More
Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked previousl… Read More
September 10, 2025, 16:58 IST
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