defamation against commissioner

Querist : Anonymous (Querist) 02 July 2010 This query is : Resolved
my commissioner in central excise has harassed me by missuing his powers. he even went on to put official letters and notes that I am mentally unstable and paranoid. He misued his powrers and transferred me . He even interferered inmy personal matters . right now he is member CESTAT . how he can be prosecuted . I have also written to President of India for permission to file defamation case . But president office has not bothered to reply. please guide me . he even got me illegally transfereed and removed me from service.

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mahendrakumar (Expert) 02 July 2010
sent a letter to the office of the President under the RTI act seeking the present position of the case including the file notings etc.

adv. rajeev ( rajoo ) (Expert) 02 July 2010
Sent a reminder to the President, then file a case against that commissioner.

Raj Kumar Makkad (Expert) 02 July 2010
No govt. Officer is empowered to misuse his powers and harass or humiliate his subordinate thus such acts are not part of service/duty as such you can file defamation petition/complaint without any sanction from President as held by Hon'ble SC in Parkash Singh Badal's case.

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 July 2010
You can not procecute Govt officers on such matters since you have to give evidence acceptable in court which in such matters is defficult to get.

Still if you are confident no need of grant of sanction for private person ; you can file case. But be ready to face counter case for defamation and black mailing from opposite party also.

LAW IS A DOUBLE EDGED SWORD , SO YOU MUST HAVE SOLID EVIDENCE before procedding further ONLY HERESAY WILL NOT DO.

N.K.Assumi (Expert) 02 July 2010
It is not the function of Govt Officer to make any deragotary remarks to his subordinate officers, in as much as it is not the duty of a Doctors to pick pocket his patients.If you have enough proof as pointed out by Shri.Shashikumar, file a case of defamation against that Officer.

Querist : Anonymous (Querist) 02 July 2010
Thanks everyone for your kind advice

Uma parameswaran (Expert) 02 July 2010
I am concurred with L.Friend Mahendra Kumar.

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