Deter from duty by defamation
Querist :
Anonymous
(Querist) 17 October 2011
This query is : Resolved
I AM GOVT. SERVANT, LECTURER .
DEPARTMENTAL ENQUIRY CHARGESHEET, ALLEGING ABOUT, ASSAULT TO PRINCIPAL AND HARRASSMENT TO STUDENTS FOR THE SUBMISSION WORK, ISSUED TO ME.
WHICH IS CONFIDENTIAL AND BY RULE IT IS TO BE SERVED TO ME ONLY.
SIMULTENEOUSLY I HAVE BEEN TRANSFERED 400KM AWAY.BEFORE JOINING THE DUTY AND PROOVING THE CHARGES THEY SERVED THE COPIES OF CHARGESHEET TO THE PRINCIPAL,REGIONAL DIRECTORS.
DUE TO THIS CRIMINAL DEFAMATION TOOK PLACE AND HIS MIND IS PREJUDICED AND ALSO MALIGN MY REPUTATION .HENCE WITH HONOUR, I, COULD NOT SERVE AND MADE OBSTACLE, THEREBY, ,DETERED FROM JOINING THE DUTY.,
WHETHER I AM RIGHT AND CAN I FILE THE CRIMINAL COMPLAINT AGAINST THE PERSON WHO PREPARED /SERVED THE CHARGESHEET
.PLEASE GUIDE ME.
Guest
(Expert) 17 October 2011
Any premature action on your part may bounce back on you and make your case quite weak, even if you want to take any action after the disciplinary case is finalised. Likelihood of rejection of your criminal case cannot be overruled on the plea that you should first have to observe due process of the conduct of disciplinary proceedings in the case and to wait for the final outcome to establish any crime to have been committed against you.
So, better have some patience, go step by step to face the case and defend your position appropriately.
About endorsement of copies to the Principal and Regional Director, you have not mentioned actually, who as a Disciplinary Authority, has signed the Charge Sheet and what is the hierarchical position of the Principal and the Regional Director in relations to your Disciplinary Authority. So, it cannot be said whether there was any irregularity on the part of the Disciplinary Autthority or not in endorsing the copies to those authorities.
Raj Kumar Makkad
(Expert) 17 October 2011
Even though your grouse is proper and every person of prudent mind shall be sympathetic towards you but legally this is not proper time for you to initiate any legal action against any person connected with your disciplinary proceeding otherwise your case shall become very weak whereas the vested interested persons shall use your action as tool meant to be used against you. You completely concentrate towards your disciplinary proceeding and do not provide further chance for them to further allege against you.
ajay sethi
(Expert) 17 October 2011
agree with mr dhingra/mr makkad
Biswanath Roy
(Expert) 17 October 2011
Criminal defamation has no relation with your conduct and performances in yor office. Simply you shall have to prove by adducing documents or person evidence insinuation has been caused to maleign yor
Criminal defamation has no relation with the facts of your conduct and performances in your office duties. It requires to prove that the accused has spread insinuation to malign your image in the eyes of public that caused hatred in the minds of people. This is to be proved either by adducing evidences by producing person or documents.
