Sexual offenders in office stand to lose salary, job, promotion

August 4, 2013

officeNew Delhi, Aug 4: You could risk losing at least 10% of your salary every month for a year, promotions, withdrawal of privileges and perks or even face termination of service if found guilty of sexually harassing a woman at your workplace. These are part of the new rules under the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) that was passed by Parliament recently. The rules empower the complaints committee to restrict the perpetrator's entry from the workplace if the guilty happens to be an outsider. The panel can also impose a fine of Rs 500, or 5% of the woman's salary in case of a false or malicious complaint.

These provisions are included in new rules that have been drafted by the ministry of women and child development and sent to the law ministry for their opinion. The provisions are likely to be notified by end-August.

A complaints committee, established under the law, will be empowered to recommend and impose a written apology, censure, withhold promotions, pay hikes or increments, entitlements and privileges, impose termination of service in case where they find a case of sexual harassment. The committee can also revoke, suspend any licence or registration in cases like a doctor or a lawyer's licence.

If the act has been committed by an outsider or a visitor the committee can pass orders to restrict the entry of the perpetrator or forewarn him of criminal and legal action in case of trauma to the victim. The guilty also risks losing a minimum of 10% of his salary every month for a period of a year or in a lump sum. The committee has been given powers to take in to consideration the nature of relationship between the complainant and the accused, the position of the respondent in the hierarchy and the incidents of prior complaint before determining the nature of penalty.

It can also slap a fine of Rs 500 or 5% of the salary of the complainant every month for a year in case of a false or malicious complaint.

The sexual harassment law, which has been in effect from April, is applicable to organized and unorganized workplaces including educational institutions, hospitals, residences (applicable to domestic workers) and provides a mechanism for the implementation of the Vishakha guidelines of 1997. Sexual harassment has been described broadly in the act as any attempt to promise or give preferential treatment, threaten or attempt to give detrimental treatment to an employee, create a work environment that is hostile, offensive or intimidating or humiliate an employee so that it affects her health or safety.

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Agencies
March 1,2020

Allahabad, Mar 1: Shabista Khan, wife of suspended pediatrician Dr Kafeel Khan, fears that her husband's life is in danger.

In a letter written to the chief justice of the Allahabad High Court and senior government authorities, Shabista has sought security for her husband who is lodged in Mathura jail for allegedly delivering provocative speech during anti-CAA protest at Aligarh Muslim University.

"My husband is being mentally tortured in jail and is being subjected to inhuman behaviour," Shabista wrote in her letter to the chief justice of Allahabad High Court, additional chief secretary (home) and director general (jail), among others.

She said that she apprehended that an attempt could be made on her husband's life in jail and demanded adequate security for him.

She also demanded that her husband should be kept away from active criminals and lodged with common prisoners.

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News Network
March 16,2020

Mar 16: An investigation into Coffee Day Enterprises Ltd., initiated by its board after the death of founder V.G. Siddhartha, is likely to conclude that at least Rs 2,000 crore is missing from its accounts, according to people familiar with the matter.

The months-long probe following the suicide of Siddhartha in July examined the financial transactions of India’s largest coffee chain and its dealings with dozens of private companies owned by the entrepreneur. The draft report, running more than a hundred pages, points to thousands of rupees that have gone missing, said the people, asking not to be named because the details aren’t public. It also details hundreds of transactions between the founder’s listed and personal businesses that were not conducted at arm’s length, they said.

Though the report is in its final stages, the precise details could change before its release, expected as early as this week, the people said. The missing funds could total more than Rs 2500 crore, one person said.

“The investigation report is still a work in progress, and not finalized,” a spokesman for the company said. “The board of directors and the company are unaware of its content at this point of time. Hence it would be premature to speculate on the investigation findings.”

The priority for management and Siddhartha’s family “is to keep the business running in a challenging environment and meet all stakeholder commitments, including 30,000 jobs associated with the group,” the spokesman added.

The disappearance of the 59-year-old founder last year stunned India’s business community. He had last been seen telling his driver he was going for an evening walk along a bridge in southern India; his body was found by local fishermen two days later. A letter delivered to Coffee Day’s board and employees, which appeared to be signed by Siddhartha, described massive debts and complained of pressure from lenders and tax authorities. It claimed he bore sole responsibility for the company’s financial transactions.

The probe began about a month later when the company brought in Ashok Kumar Malhotra, a retired senior official from India’s federal enforcement agency, to investigate. A senior lawyer practicing in India’s top court is assisting, the company said in a regulatory filing at the time.

The publicly traded Coffee Day was supposed to be India’s answer to Starbucks Corp. More than 1,500 of its Café Coffee Day outlets blanketed cities and highways, with affordable options for the country’s aspiring middle classes. The chain’s tagline: “A lot can happen over coffee.”

But the empire has been battered since the founder’s death. Its shares plummeted about 90% and its market value dropped to about $80 million. Trading was suspended in February.

India’s regulators are tracking the situation and may use the company’s final report as part of a deeper dive into its internal affairs, the people said. Coffee Day showed about Rs 2400 crore in cash and cash equivalents on its balance sheet as of March 2019, the most recent figures the company has issued.

After the death of Siddhartha however, the company faced a severe liquidity crunch and had “zero cash in the bank,” according to one of the people. It struggled with day-to-day expenses and paying salaries has been a strain, the person said.

The draft report details personal guarantees by Siddhartha for loans taken by Coffee Day, and his unsecured loans at high interest rates from local money lenders, the people said. It also probes Coffee Day’s defaults to coffee growers and other vendors, they said.

A related issue is that coffee estates owned by Siddhartha and several employees had been used as collateral for bank loans. The report found that valuations for properties were inflated to get the loans, one person said.

Investigators have examined several theories about what happened to the company’s money, including whether Coffee Day was manipulating its finances to show cash and profit and whether Siddhartha was taking cash out of the listed company to pay off a large investor to whom he had guaranteed a return, the person said. From the filings of his listed and private companies, the entrepreneur’s loans had totaled more than Rs 10,000 crore, and he had been squeezed by borrowing to repay interest on earlier loans, the person said.

In the letter purportedly from Siddhartha, the entrepreneur said he had tried his best but failed as an entrepreneur. “I am solely responsible for all mistakes,” the letter read. “Every financial transaction is my responsibility. My team, auditors and senior management are totally unaware of all my transactions. The law should hold me and only me accountable, as I have withheld this information from everybody including my family.”

As the report nears release, Coffee Day is finalizing a deal with Blackstone Group Inc. for real estate assets. A large tranche of the payment is due in about a week, one person said.

Coffee Day said it is working to reduce its debt load by divesting non-core enterprises.

“The aim is to save employment and preserve this iconic Indian brand,” the spokesman said.

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News Network
February 5,2020

Mumbai, Feb 5: Maharashtra Chief Minister Uddhav Thackeray on Wednesday said there was no need to fear the Citizenship Amendment Act, but asserted his government will not allow the proposed National Register of Citizens to be implemented as it would "impact people of all religions".

Throwing out Bangladeshi and Pakistani migrants out of the country was an old demand of the Shiv Sena, the chief minister said in the third and concluding part of his interview to party mouthpiece 'Saamana'.

"I can confidentally say the Citizenship (Amendment) Act (CAA) is not meant to throw Indian citizens out of the country. But, the National Register of Citizens (NRC) is going to impact Hindus as well," the Sena president said.

India has the right to know the number of minorities from neighbouring nations who applied for Indian citizenship after being persecuted in their home countries, he said.

"When they come here, will they get homes under the 'Pradhan Mantri Awas Yojana'? What about employment and education of their children? All these issues are important and we have the right to know," hesaid in the interview to Saamana's executive editor and Sena MP Sanjay Raut.

"As chief minister, I should know where will these people be relocated in my state. Our own people don't have adequate housing. Will these people go to Delhi, Bengaluru or Kashmir, since Article 370 is now scrapped?" he wondered.

Several Kashmiri Pandit families are staying like refugees in their own country. The CAA is not to throw citizens out of the country, Thackeray said.

"However, the NRC will impact Hindus and Muslims and the state government will not allow it to be implemented," he asserted.

Under the NRC, all citizens will have to prove their citizenship. In Assam, 19 lakh people could not prove their citizenship. Of these, 14 lakh are Hindus, Thackeray claimed.

In a veiled attack on his cousin and MNS chief Raj Thackeray, who will lead a rally in support of the CAA and NRC in Mumbai on February 9, the chief minister said the NRC is not yet a reality and there is no need for a 'morcha' in support of or against it.

"If the NRC is enforced, those who are supporting it will also be affected," he said.

Under the NRC, even Hindus will have to prove their citizenship. "I will not allow the law to be enacted. Whether I am chief minister or not, I will not allow injustice to anybody," he said.

The chief minister also took a veiled dig at the Centre's decision to give the Padma Shri award to Pakistani-origin musician Adnan Sami.

"A migrant is a migrant. You can't honour him with the Padma award. Throwing out illegal migrants was the stand of (late Shiv Sena supremo) Balasaheb Thackeray," he said without naming anyone.

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