HDFC Bank fined Rs 2 lakh for harassing, sacking employee

Tribune News Service
Chandigarh, October 12

A local court today penalised HDFC Bank for harassing and terminating the contract of a deputy manager.

The court directed the bank to pay a compensation of Rs 2 lakh for causing mental harassment to Shiwani Gupta, a resident of Panchkula and former deputy manager of its Chamkaur Sahib branch.

After initial training, Shiwani was posted as deputy manager (retail) and reported to branch manager Kapil Gupta.

As per the complaint, Kapil used to humiliate her in front of other colleagues either by joking about her healthy body or by touching the matrimonial dispute she had with her husband with the sole intention to harass her. She was allegedly not allowed to work in the said branch and was transferred to the Zirakpur branch on November 25, 2013. After 10 days, she was transferred to Baltana.

The complainant stated the she was made to do things that were not part of her job. Despite informing the management about it, no action was taken against the officials. Shiwani was again transferred to the Zirakpur branch in 2014 where she reported to Anuj Bhatia, the branch manager. A similar incident took place there too.

Her employee ID was disabled. Informing various authorities proved futile. Shiwani even sent an email to managing director Aditya Puri on January 16, 2015, but in vain.

She then approached the police against Anuj Bhatia on January 24, 2015. To her surprise, he told the police that her services had already been terminated.

No show-cause notice was served on her nor any charges framed against her. Therefore, the termination order dated January 1, 2015, was stated as “biased, illegal, null and void”.

On February 4, 2015, the defendants credited a sum of Rs 28,384 to her bank account without giving any details.

It was argued that the termination of service also cast a stigma on her professional candidature and she was not getting a fresh job due to it.

In its reply, HDFC stated that senior officials had been arrayed personally, vindication being the sole motive. It was claimed that the defendants participated in the decision-making process in respect of a disciplinary action against the plaintiff without any personal knowledge.

The court was also informed that transfers from one branch to another branch were routine administrative decisions applicable to all employees of the bank and she was not performing satisfactorily and was repeatedly advised to improve her performance.

After listening to the arguments, the court directed the Industrial Area branch of HDFC Bank to pay Rs 2 lakh to Shiwani Gupta.