Defamation due to wrong allegation by co-officer
I.G.Rajulu
(Querist) 01 October 2011
This query is : Resolved
Reverend Sir,
I am a Group-B Gazetted Officer working in an Ordnance Factory at Chennai (Min. Of Defence – Govt. Of India). One Group-A Officer of my Factory had given a written complaint to CBI/Chennai Office alleging me of corruption in a particular procurement case. The CBI had forwarded that to my Factory Authorities. My General Manager (Factory Head) had constituted a Board of Enquiry under CCS (CCA) Rules. The Board, after completing the enquiry, had submitted a report to the General Manager stating that I am found to be NOT-GUILTY. The General Manager had accepted the verdict of the Board and accordingly intimated the CBI that the allegations were untrue.
Now, due to this enquiry I am defamed very badly. I lost all my good reputation I had earned over years. My morale got bruised. My character was assassinated.
1. What course of action (under which act/law) can I resort to, in order to reclaim my self-esteem, honour and respect back?
2. How can I claim penalty/relief from the miscreant officer for the mental trauma/agony I had faced AND for the loss of respect, defamation in the Organisation?
This is of UTTER IMPORTANCE for my life, now.
KINDLY DO REPLY.
ajay sethi
(Expert) 01 October 2011
you can file suit for damages against said officer
Whenever a person makes a complaint against someone to the lawful authorities and in that complaint he makes imputations against the person complained of, it cannot be considered that the person has publicized or publicly made defamatory averments against a person. If a prosecution is initiated against the person on the basis of such averments and the person is acquitted holding that the complaint was false, then only a cause of action arises against the complainant for launching a case for false prosecution or for damages on other grounds. Until and unless a competent court holds that complaint was false, no cause of action aris
Chanchal Nag Chowdhury
(Expert) 02 October 2011
You can file suit for damages against the said officer provided U can prove malafide intentions. This will again depend on the nature of the complaint lodged with CBI. What is surprising is that the officer chose to directly complain to CBI instead of reporting the matter to the higher-ups.
If U want to lodge complain u/s 500 IPC, leave of the higher authority is required.
R.Ramachandran
(Expert) 02 October 2011
Dear Mr. Rajulu,
We are happy that you came scath free from such an onslaught.
Please consider it to be a very good wake-up-call to you.
Continue to be upright and be extra careful while deciding the matters which pass through you.
The very fact that you came out clean is a good certificate for your integrity and character of blemishlessness. That should be ok. You need not think that your reputation or self-esteem had in any way got tarnished. Rather, you had a rare honour of getting certified after a thorough examination - a chance which eludes others and they have only themselves to claim that they are honest and bribe-free!
As an higher officer he has certain responsibilities to discharge and when he suspected that there was something wrong he entrusted the work to CBI. He has not done anything to either tarnish your image or to defame you. God Forbid, suppose the complaint to the CBI turned out to be true, then can any one in your position claim that their image is bruised or whether the officer who made a complaint can claim any reward for his actions? Certainly not.
Therefore, you would be best advised to allow the matters to rest as it is.
Guest
(Expert) 02 October 2011
It is better for you to request the competent authority of your organisation to take disciplinary action against the officer who lodged a false report against you and caused the organisation to spend a lot of expenditure in departmental inquiry process.
R.Ramachandran
(Expert) 02 October 2011
I do not agree with the suggestion of Mr. Dhingra.
I.G.Rajulu
(Querist) 04 October 2011
This is to Shri R Ramachandran Sir!
In a Central Govt. Organisation, if I am coming out non-guilty of charges in the first enquiry itself, it is evident that there is no material against me.
A defaming news propagatses much faster and wilder than a news stating that I came out scath-free after the enquiry.
Getting attached with an enquiry may not be a serious one. But for me it is a matter of HONOUR. I have very SPECIFICALLY brought out every detail of the case in my very first post itself. Your esteemed authority may understand that it is a clear case of personal vendetta. Would you still advise, Sir, not to resort to any legal proceedings?
I.G.Rajulu
(Querist) 04 October 2011
To Shri Ajay Sethi Sir,
Can you kindly explain your statement - QUOTE - Until and unless a COMPETANT COURT holds that complaint was false, no cause of action arises - UNQUOTE
What in my case is a COMPETANT COURT ?
R.Ramachandran
(Expert) 04 October 2011
Dear Mr.Rajulu,
I have more than 30 years of Central Government service behind me - I have seen many such cases - I also know what is the correct response to such situations.
I never sit down to pen my replies, unless I have conviction. Therefore, I gave my reply to your query, only after fully understanding and appreciating the situation and also the vulnerable position which you are handling.
Therefore, there is no change in my view point to your query.
Rest is your decision.
I.G.Rajulu
(Querist) 04 October 2011
To Shri Chanchal Nag Chowdhury Sir,
YOUR KIND QUERY - What is surprising is that the officer chose to directly complain to CBI instead of reporting the matter to the higher-ups.
MY ANSWER - The Officer had reported the matter to the higher-ups upmteen times. However, they did not give a heed since the case does not stand a chance.
Can you kindly elaborate upon -
(1) This will again depend on the NATURE OF THE COMPLAINT lodged with CBI.
What is NATURE OF THE COMPLAINT ?
(2) If U want to lodge complain u/s 500 IPC, LEAVE OF THE HIGHER AUTHORITY is required.
What is LEAVE OF THE HIGHER AUTHORITY ?
I.G.Rajulu
(Querist) 04 October 2011
This is to Shri R Ramachandran Sir!
Sorry, if I am sounding disrespectful.
I want to state that I am very much aware of the - SO CALLED - vulnerable position which I am handling.
I want to to face it. Can your esteemed authority suggest me any course of action I can resort to, in order to regain my hard-earned reputation ?
ajay sethi
(Expert) 04 October 2011
in your case no prosecution was launched by CBI . only inquiry was made and they gave you a clean chit .
the competent court in your case would have been cbi court wherein complaint would have been filed aganst you for corruption by cbi if it found any prima facie case .
