sree rama kumar (none) 26 February 2021

Doubt about defamation case proceedings

I am a government employee.My subordinate wrote a letter to my higher officer making certain derogatory remarks against my character. He marked the copies of the letter to the next higher officers and the Asst. Labour Commissioner. My management asked report regarding these allegations. I submitted a detailed explanation.The management did not take any disciplinary action against me based on those allegations as they were all false. He was a powerful union leader and hence the management did not take any action against me. He did not publish those allegations. But as per the departmental procedure, any paper/document is read by 4-8 persons( head of the office to the case worker) in any office depending upon the level of the office. Thus the derogatory remarks must have been read by not less than 15 persons. I obtained the copy of the above mentioned letter through RTI. Is this sufficient to file civil defamation case against him?

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Dheeraj Jindal 26 February 2021

Yes it is sufficient but kindly arrange some witness who can depose regarding same in court about your character that after complaint he felt that you are person of such character. you can even file criminal complaint.

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Preity Kashyap 26 February 2021

You have two remedies :-
firstly you can file a complaint petition before Chief Judicial Magistrate under section 500 of IPC Or
secondly you can file a Civil suit against him and demand compensation for loss of reputation.
However it depends upon the matter of the case because any comment or allegation against a public servant made under good faith in regard to discharge of his duty is not defamation and is comes under second exception of section 499 of IPC but if he directly comments on your character then you can avail either of both remedies.

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