Exception to sec.499 of ipc

jagadish paranjape (Querist) 27 March 2012 This query is : Resolved
The complainant was ward boy at one Private hospital.
He demanded gold chain from female patient under the Plea Of better treatment. The patient gave him the chain.
This fact was reported by patient to one Lady working as social worker in the hospital. The Social worker reported the matter to HR Dept for action. The Ward boy was suspended. However he returned the chain and was let off without punishment by the Hospital.
Now he has filed complaint under Sec 499 of IPC against Hospital and Social worker. Since social worker was duty bound to inform Matter to her superiors, Does this case not fall under exceptions to
Sec. 499.?Does reporting misconduct to superiors amount to defamation.Case law shall be appreciated.

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Adv.R.P.Chugh (Expert) 27 March 2012
It's preposterous to suggest that it is defamation. It is bona fide complaint - Exception 7 is clearly attracted.

Guest (Expert) 27 March 2012
Are you representing case on behalf of the complainant or the defendant?

Shonee Kapoor (Expert) 27 March 2012
Rightly said.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Expert) 27 March 2012
defamation may not sustain as long as the assertion was correct. The said patient can also be comptent witness to testify the same.

It is time for management to learn their folly in keeping such person even for a minute in an organisation like Hospital. If not tackeled proprly he will become a mafia.

Raj Kumar Makkad (Expert) 27 March 2012
There is no question of defamation in the given matter and the same is nothing but a true fact intimated by social worker to the boss of the complainant.

This comes under exceptions to section 499 IPC.

jagadish paranjape (Querist) 28 March 2012
Thanks to all for kind response.

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