Querist :
Anonymous
(Querist) 14 May 2019
This query is : Resolved
An official in a company was falsely implicated in a criminal case by his colleague and the case went for 3 years finally acquitting the official beyond all reasonable doubts. Mean while his company basing on criminal case conducted an internal enquiry and gave him compulsory retirement though he is due for superannuation in 2021. As such he became jobless for past 6 years. After acquittal from criminal case in 2016 he filed a defamation suit in march 2017 against his colleague who falsely implicated in criminal case. The defamation case run for 2 years and finally dismissed. It was mentioned in the judgment "the sole ground for claiming damages, alleging of defamation is not the finality of the judgment. It is the own version of the petitioner that even before the judgment was given in the criminal case, on his arrest by the police and his detention in the judicial custody was made the ground for his termination from the service. Further the judgment rendered by the criminal court is not on the allegations of defamation under sec.499 IPC. Will this stand if an appeal is made in High Court ? If so can any expert take up the case at Hyderabad ?
Dr J C Vashista
(Expert) 15 May 2019
What is your locus standie? An anonymous author may not expect obligation of experts as per rule of this platform, you must disclose your identity. What is the opinion and advise of your lawyer who have contested/proceeded in your case(s)? What for do you intend to take examination qua your question?
Sudhir Kumar, Advocate
(Expert) 15 May 2019
one needs to see all papers before forming any view.
krishna mohan
(Expert) 15 May 2019
Your lawyer can advise you better after perusal of the judgment. But normally departmental action will be independently done without waiting for the court outcome. Was it done. you may clarify.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup