Defamation case
Sri T.S.Raghunath
(Querist) 09 August 2013
This query is : Resolved
One of the subordinate staff, on suspension resorted to humiliate Central Govt officer by writing scurrilous wordings and invaded private life of the Officer. Shall the Central Govt. Officer shall sue the subordinate staff in a court of Law and seek damages for defamation. Is permission necessary from Govt. for seeking legal remedy and issuing Adovacate's notice to the said subordinate staff?
Sudhir Kumar, Advocate
(Expert) 09 August 2013
You query is vague. It does not give details how the remarks were defamatory.
For proving defamation you have to bank upon five parameters:-
(i) allegation made regarding applicant.
(ii) made by defendants.
(iii) allegation conveyed to third party
(iv) applicant lost respect out of the allegation
(v) allegation is false as well.
Sudhir Kumar, Advocate
(Expert) 09 August 2013
Now coming to question
Is permission necessary from Govt. for seeking legal remedy and issuing Adovacate's notice to the said subordinate staff?
Ans : You have not specified to what extent the humiliation was in official capacity in how much was private capacity.
For taking recourse of legal remedies for vindication of official conduct one needs permission from his department. Issuing legal notice in this regard may invite disciplinary action against the aggrieved officer.
However, no such permission is required for settling private score.
Sudhir Kumar, Advocate
(Expert) 09 August 2013
Notwithstanding above above, such action by suspended employee if report is sufficient ground to extend suspension without enhancing subsistence allowance as the necessity of extension is being created by him. Such action is also a sufficient ground for another disciplinary action other than the one for which he is suspended.
Raj Kumar Makkad
(Expert) 09 August 2013
I fully endorse the advice of Sudhir and no more add.
Rajendra K Goyal
(Expert) 09 August 2013
Well advised by the expert Sudhir Kumar ji, nothing more to add.
V R SHROFF
(Expert) 09 August 2013
If Defamation is Private, not in concerned with official duties or obligation, One can claim Defamation in his private capacity.
