The Supreme Court reversed the High Court’s judgment regarding the termination of the State Trading Corporation of Bhutan or STCBL’s former Chief Executive Officer, Kuenga Namgay. According to the Supreme Court, he had not only admitted to sexually harassing his female employees but also accepted the board’s decision and resigned from the company with benefits. The High Court last year ordered STCBL to compensate Kuenga Namgay as the Human Resource Committee’s decision to terminate him was against the Civil and Criminal Procedure Code.
According to the Supreme Court, Kuenga Namgay stands compulsorily retired from his position.
The court also cautioned the STCBL board to deal with such matters according to the relevant provisions of the law in the future.
The case surfaced in 2020 after a female employee of STCBL filed a written complaint accusing Kuenga Namgay of sexual harassment. When the corporation’s Human Resource Committee initiated an investigation, two more female employees also lodged complaints against him.
According to the Supreme Court, during the investigation, Kuenga Namgay was allowed to respond, during which he admitted to the wrongdoing and expressed a desire to make amends.
Then the company’s board compulsorily retired Kuenga Namgay from his position with benefits.
The matter came to the court after Kuenga Namgay’s legal representative wrote to the STCBL Board two months after the decision of the company that the case fell within the purview of the Penal Code. And the board had no jurisdiction to decide on the matter.
Kinzang Lhadon
Edited by Tshering Zam
