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SBI’s Garima policy a mere facade: Punjab and Haryana High Court slams bank for flagrant violation of POSH Act

Punjab and Haryana High Court quashes deemed resignation of harassed woman officer, brands inquiry process as sham

sbiSBI had adopted a policy called “GARIMA” to comply with the law. (Express Photo)

In a scathing indictment of the State Bank of India, the Punjab and Haryana High Court on Friday ruled that the bank’s much-touted Garima policy against sexual harassment failed to “effectively translate into practice in the field when the occasion arises to ensure the protection of female employees.”

In a 35-page ruling in favour of a female officer of the State Bank of India (SBI), the court quashed the bank’s decision to treat her as having voluntarily resigned after she raised allegations of sexual harassment against her branch head.

Justice Kuldeep Tiwari set aside the bank’s notice dated 21 November 2020 that deemed the petitioner to have voluntarily resigned with effect from 23 September 2020, along with related orders and inquiry reports that dismissed her complaints. “The petitioner is directed to be reinstated in service with continuity of service and all consequential benefits,” Justice Tiwari ruled.

The court highlighted the importance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. Justice Tiwari noted in the judgment: “The primary objective of the POSH Act is to prevent and prohibit all forms of sexual harassment of women at the workplace by fostering a safe, secure, and dignified working environment in both the public and private sectors.”

SBI had adopted a policy called “GARIMA” to comply with the law. The policy defines sexual harassment to include unwelcome acts such as persistent watching, following, or contacting of a person, as well as any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Slamming the bank for overlooking these guidelines, Justice Tiwari said “the principles of natural justice have been blatantly disregarded,”

The petitioner, a deputy manager in her thirties transferred to Una branch in Himachal Pradesh, stopped attending duty from 6 March 2020. On 9 March 2020, she emailed the SBI chairman and top HR officials, detailing bullying, mental harassment, biased behaviour, derogatory remarks, and unwelcome taunts by the branch head that drove her to depression and suicidal thoughts.

Rather than route this to the Internal Complaints Committee, the bank dismissed it as an invalid resignation, demanded she resume duty, and later issued notices through the same accused branch head. After over 150 days of absence, it applied the deemed resignation rule.

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The bank argued the initial complaint lacked explicit sexual harassment claims and later ones were time-barred. It portrayed the officer as fabricating allegations to avoid an out-of-state posting.

The court rejected these defences outright, finding procedural violations of the POSH Act and Garima policy, alongside breaches of natural justice, rendered the resignation declaration unsustainable. It also dismissed the claim that later allegations raised in September 2020 were time-barred.

The court criticised the bank’s handling of the matter. It observed that the core issue was “whether this policy effectively translates into practice in the field when the occasion arises to ensure the protection of female employees.”

Justice Tiwari pointed out serious procedural lapses. The petitioner was not associated with the initial inquiry, and in the second inquiry, only she was examined while the accused branch head was not. The inquiry reports were not supplied to her, and she obtained them later through the Right to Information Act.

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The judgment emphasised the duty of the branch manager under the GARIMA policy: “The BM/Head of Department should acknowledge the complaint promptly and forward the same to the IC concerned without loss of time for further investigation.”

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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