Defamation
Querist :
Anonymous
(Querist) 06 January 2012
This query is : Resolved
I m serving in defence force. On a occasion i was punished for a minor crime and punishment entry was also made in document . Same day after punishment my officer told me 'gaddar' in front of 100 people and i could not understand why i am being awarded with this word. Later on i applied for discharge on the same ground. As a reply i was told that word gaddar was mental punishment and discharge cud not be granted. Now what shud i do.Because i was punished twice for a minor mistake.plz guide me
Sudhir Kumar, Advocate
(Expert) 06 January 2012
Your query is vague. You have not asked any specific legal issue. Calling gaddar is not a penalty specified in Army Act or Army rules. I do not think that any record office of Army would ever state in writing that the mental punishemnt is justified or calling someone gaddar may be justified. On the contrary instead of asking for discharge you could have considered a Statutory complaint u/s 27 as you were appararenly wronged up and illtreated or could have filed a disciplinary complaint agains the officer.
V R SHROFF
(Expert) 06 January 2012
As far as I understand [not law] the defense s very clean and very disciplined people. Probably you need to correct yourself.
We have impression, military man do not do an wrong with their own colleague.
Defense must try to obey all orders, right or wrong. Superiors should be pleased with your work, instead you are getting double punishment, is a sign of alarm, and you must observe yourself inside your own behavior before complaining for double.
Though I do not know your fact, nor i am expert in laws governing defense, this is my general layman's advise.
Shonee Kapoor
(Expert) 06 January 2012
I tend to agree with Ld. Sudhir Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 07 January 2012
Though your offending view is accurate because you have been defamed by uttering word Gaddar in the presence of hundred of persons and being felt insulted when you demanded discharge, it was denied on the basis that it was punishment whereas the same had already been entered in your service book.
The clarification of say justification of CO is not of worthwhile. It is nothing but an illegal and absurd misuse of power but in the interest of disciplined armed force, you are expected to show your grievance only before senior officers instead of seeking discharge because this is not the fit reply of your insult rather prove yourself more loyal than the officer who uttered these heinous words against you.
Deepak Nair
(Expert) 07 January 2012
I would suggestyou to consult a military lawyer since he can advise you better.
Sudhir Kumar, Advocate
(Expert) 07 January 2012
I would explain to Mr Deepak Nair that there is nothing known as Military Lawyers. Some Lawyers are employed as Commissionerd officers in Law Branch and they being Govt servant cannot render any private advise and afer discharge they are as good as any other lawyer.
Deepak Nair
(Expert) 09 January 2012
Dear Mr.Sudhir,
Thanks a lot for clarification. I was really not aware of the same.
