Club fined Rs 5.5 lakh for shaming members on fake sexual harassment charges
An inquiry clears the three members, including a senior citizen.
On January 12 2015, three members of the venerable Willingdon Catholic Gymkhana in Santacruz got into an acrimonious argument with the then general manager, Sonia Thomas. The next day Thomas filed an FIR accusing the three, including one senior citizen, of sexual harassment, and fast on the heels of that, the membership of all three was arbitrarily suspended, though no complaint had been formally filed at the club at the time.
The almost 90-year-old institution, WCG as it’s affectionately called, is now left redfaced after an appointed retired Bombay High Court judge dismissed the harassment charges and ordered the gymkhana to pay the three members a total of Rs 5.5 lakh—compensation for costs incurred in the inquiry, as well as token payments in acknowledgement of the club’s wrongdoing. When the three members were suspended, the club had posted large pictures of them on its announcement board along with the grave charges levelled, much like wanted posters—without verifying the allegations.
The conversation quickly escalated into a fight and Thomas registered an FIR against Dsouza, Gole and Correa, accusing them of sexual harassment. The ‘wanted posters’ went up the next day. The members moved the Bombay High Court challenging their suspension, after which the court directed a fresh inquiry to be conducted by retired HC judge, Justice D K Deshmukh.
Judge Deshmukh’s order points out that Thomas’ first written complaint was made to the gymkhana almost four months after the incident, on May 20. According to her statement, the three were abusive saying things like, “You are like a prostitute sleeping with the committee.”
The judge’s order notes that as per Thomas’ own statement, it appeared that Gole’s hand hit Thomas in the heat of the moment. While Gole’s conduct could be called ‘improper’, the court decided that it cannot be said that he abused Thomas. Dsouza allegedly called Thomas ‘a paid servant whose job it is to clean toilets’. While he used abusive language, this too did not amount to sexual harassment at the workplace. Thomas’s statement didn’t implicate Correa, though another witness did, who was proven untrustworthy in cross-examination.
The judge states that the gymkhana was liable to pay the sum because the club suspended them without even verifying the allegations against them. He also said, “there is room to suspect that this action of the gymkhana was vengeful”.
Dsouza said, “I felt worst about the way people would treat my daughter if they thought her father had done such a thing.”
Joseph Dsouza, who was chairman of the gymkhana when the incident occurred. “The decision was of the entire managing committee. I am no longer the chairman so I would not like to comment further.”
On January 12 2015, three members of the venerable Willingdon Catholic Gymkhana in Santacruz got into an acrimonious argument with the then general manager, Sonia Thomas. The next day Thomas filed an FIR accusing the three, including one senior citizen, of sexual harassment, and fast on the heels of that, the membership of all three was arbitrarily suspended, though no complaint had been formally filed at the club at the time.
The almost 90-year-old institution, WCG as it’s affectionately called, is now left redfaced after an appointed retired Bombay High Court judge dismissed the harassment charges and ordered the gymkhana to pay the three members a total of Rs 5.5 lakh—compensation for costs incurred in the inquiry, as well as token payments in acknowledgement of the club’s wrongdoing. When the three members were suspended, the club had posted large pictures of them on its announcement board along with the grave charges levelled, much like wanted posters—without verifying the allegations.
Now, even though Thomas is no longer general manager, the club has to face the consequences of her year-old actions. At about 8:30 in the evening of Jan 12, 2015, Floyd Dsouza, Prabhakar Gole and Bartholomeo Correa had requested a meeting with GM Thomas, and asked to view the guest register. Dsouza had questions about the 22 guests Thomas had supposedly signed in on another night, far more than is permissible under club rules.
The conversation quickly escalated into a fight and Thomas registered an FIR against Dsouza, Gole and Correa, accusing them of sexual harassment. The ‘wanted posters’ went up the next day. The members moved the Bombay High Court challenging their suspension, after which the court directed a fresh inquiry to be conducted by retired HC judge, Justice D K Deshmukh.
Judge Deshmukh’s order points out that Thomas’ first written complaint was made to the gymkhana almost four months after the incident, on May 20. According to her statement, the three were abusive saying things like, “You are like a prostitute sleeping with the committee.”
The judge’s order notes that as per Thomas’ own statement, it appeared that Gole’s hand hit Thomas in the heat of the moment. While Gole’s conduct could be called ‘improper’, the court decided that it cannot be said that he abused Thomas. Dsouza allegedly called Thomas ‘a paid servant whose job it is to clean toilets’. While he used abusive language, this too did not amount to sexual harassment at the workplace. Thomas’s statement didn’t implicate Correa, though another witness did, who was proven untrustworthy in cross-examination.
The judge states that the gymkhana was liable to pay the sum because the club suspended them without even verifying the allegations against them. He also said, “there is room to suspect that this action of the gymkhana was vengeful”.
Dsouza said, “I felt worst about the way people would treat my daughter if they thought her father had done such a thing.”
Joseph Dsouza, who was chairman of the gymkhana when the incident occurred. “The decision was of the entire managing committee. I am no longer the chairman so I would not like to comment further.”
