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2015 (4) TMI 663 - DELHI HIGH COURTCharges of misconduct - Dismissal from service - Misbehaviour with female employee of the bank - Held that:- decision of the Tribunal cannot be faulted. In Jai Krishna Mandal (2010 (8) TMI 889 - SUPREME COURT), it was an admitted position that there was "deep enmity" between the family of prosecutrix and the appellants therein on account of a dispute over a piece of land. The prosecutrix had alleged that she had been raped by the appellants and one other person. The medical report and the evidence of the doctor did not support the prosecution and the doctor had deposed that there was no evidence of rape or injury on the prosecutrix. In those circumstances, the Supreme Court set aside the appellant's conviction. - Tribunal noted that Ms Sunita Jain could not recollect the exact dates of the incidents and held that she was not expected to do so after a long time gap. In my view, although there is inconsistency in the testimony of Ms Sunita Jain and her complaint, the same is not sufficient for her testimony to be rejected in toto. The admitted facts are that the petitioner had tendered a written apology for his behavior. Although, the petitioner had immediately filed a complaint that his apology was forcibly extracted from him, the same must be discounted. There is no explanation as to why Ms Sunita Jain's husband would come to the branch office to extract an apology from the petitioner. The Tribunal had also taken note of the fact that it takes a certain amount of courage for a lady to come and depose regarding the harassment meted out to her and such testimony should be given due weightage. - Tribunal has appreciated the evidence and arrived at a conclusion. It is well established that this court, while exercising its powers under Article 226 of the Constitution of India, would not interfere with the findings of fact unless the same are perverse or based on no evidence at all. - No infirmity in impugned award - Decided against Petitioner.
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