Defamation suit for adverse remark
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
Due to personal grudge the countersigning officer (next higher authority after immediate superior) of my organization has given the remark “Unreliable” for assessment of my integrity, without assigning any reason for doing it, in my Annual Performance Appraisal Report (APAR) for this year.
As you all know that the APARs are now a day not confidential and is accessible to anyone through an application under RTI Act, 2005.
Can a legal defamation suit stand against the said official with regards to the said adverse remark in addition to the disciplinary proceedings as per service rule for Central Govt. Employees?
Advice Plz!!!
Kiran Kumar
(Expert) 13 January 2012
this is not a case of defamation....you may otherwise challenge the remarks under the relevant service laws.
the things have not been said in public domain...or these have not been published....there are certain conditions for Section 499/500 IPC and I think those essentials/ conditions lack in your case.
Devajyoti Barman
(Expert) 13 January 2012
Yes .., this is not case of defamation.
If the higher authority is liable for prosecution for doing official duty , then no effective public function could be exercised.
Merely because it content could be accessed through RTI that does not loose its nature as ' confidential report'.
ajay sethi
(Expert) 13 January 2012
yes no case for defamation is made out . it is confidential report
Raj Kumar Makkad
(Expert) 14 January 2012
Your first preference should be to get deleted the stigma in your personal file which may pose danger to your career. You should make representation and further necessary action accordingly instead of diverting your attention towards unnecessary things.
prabhakar singh
(Expert) 14 January 2012
Yes!No defamation case is made out.As rightly advised by Mr. raj kumar makkad you should first proceed to get the entry expunged as it may create several stigma on your carrier progress.
Deepak Nair
(Expert) 14 January 2012
Apprisal Report is an internal document which is not disclosed publically.
The comments made by the superior authority in the aprisal form cannot be termed as defamatory.
The comments were with respect to your work, not your personal life.
V R SHROFF
(Expert) 14 January 2012
do not try any defamation , useless.
Sudhir Kumar, Advocate
(Expert) 14 January 2012
I will partially disagree with all experts above except Mr Makkar. When A sends a report regarding B to be seen by C,D,E,F it is publication even if all of them are within department. This report is also liable to be shared outside department if you apply for some deputation. Even letter between plaintiff and defendant got typed by third person is a publication. Open postcard is a publication. One is not exempted from criminal action only if he did the act in official capacity only thing is sanction under section 197 CrPC is needed. APAR is no more a confidential document. Others can assess it under RTI but you need not invoke RTI the reviewing officer has a duty to show it to you and to give you a copy. You have not indicated whether this step has been taken by him. It is you who have to represent against the same within 15 days of seeing the same. If you are able to get the same expunged then the action for defamation can lie. As on now this document has 4/5 parameters of defamation (i) it is statement by defendant (ii) by the plaintiff (iii) to some third person - even if communicated within department (iv) plaintiff having lost reputation on account of this expression BUT fifth parameter of its being false can be created only if the remarks are expunged. Now since you say that the remarks are in the integrity column and they way you have described the same, the reporting authority had violated the DOPT instructions and you stand fair good chance of getting it expunged unless you keep on wasting precious 15 days time in useless and premature queries. For filing civil suit for defamation you will need permission of you appointing authority. For filing a criminal case you need sanction of authority competent to dismiss the defendant as per section 197 of Cr PC. If you make either civil or criminal case without getting the remarks expunged then you loose the case and also the APAR will be final and you loose in your career as well on account of this.
Querist :
Anonymous
(Querist) 14 January 2012
@ shri Sudhir Kumar
Sir,
Sub-section 6 of section 199 of CRPC says –
(6) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint.
Query –
Is this sub-section gives permission to institute a criminal proceeding without the said sanction by the competent authority of Central Govt.?
Devajyoti Barman
(Expert) 14 January 2012
Without sanction no case can be instituted against a govt. official.
It is a established principle of rule of defamation that ' publication' does not happen if the alleged defamatory statements is not meant for the third person.
Shonee Kapoor
(Expert) 15 January 2012
Nothing left to be added after the detailed replies.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 15 January 2012
To Shri Barman
I think putting defamatory remarks, without assigning any reason/ground for it, on a Public Document (APAR is nowadays a Public Document) is clearly a case of defamation in the eyes of law.
Experts Advice Please!!!
prabhakar singh
(Expert) 16 January 2012
One should go ahead with what one thinks as individual causes do not need resolutions.
Sudhir Kumar, Advocate
(Expert) 21 January 2012
I will partially (but strongly) disagree with Mr Burman. ACR is meant to be conveyed to 3rd 4th 5th 6th person. First staff and officers of the establishment read and act on this then promotion committee reads. The typist typing the communication of adverse remarks reads it. So it is a publication.
I will partially (but strongly) agree with Mr Burman that action under s/197 CrPC will needed for criminal action and for civil action he will need permission of his own disciplinary authority under conduct rules. For civil suit he has to deposit court fee depending upon the compensation he seeks
But the queriest is perhaps hell bent to file defamation case right now without even bothering to prove it false by getting it expunged although there is official procedure for the same. Unless the remarks are declared unjustified by competent he has no case of defamation as only 4/5 parameters meet now. He will loose defamation case and by the time the representation against adverse remarks will be time barred. He will then bear the adverse impact of such remarks on his career with no remedy.
Advocate. Arunagiri
(Expert) 21 January 2012
A report by the superior officer can not be a defamatory statement. If a judge observes a negative opinion about the party to the case, this can not be treated as defamatory statement.
If any authenticated person gives a report, it is not defamatory at all.
Your only option is approach the court for removing such a remark.
Querist :
Anonymous
(Querist) 22 January 2012
I had submitted the representation but the remark is not expunged but retained!
I have also submitted the representation to the next higher authority to the authority to which the representation is not considered for review.
Now what to do?
