Hi,
I am in govt. service, reporting to Principal of the Organisation, who was to write my Annual Confidential Report. In case of any adverse remarks in my ACR written by the Principal, the same were to be communicated to me by the next higher authority i.e. the Commissioner and I had a right to make a representation to the Commissioner. One fine morning, the Principal informed me that my ACR has been graded "below average". He also communicated to me certain highly defamatory remarks with regard to my conduct, as recorded in my ACR. The same had never been communicated to me earlier. I sought copy of my ACR which was denied. Then I sought the same RTI Act, which was also initially denied to me but on the orders of the State Information Commission, the same was ultimately provided to me. From a copy of ACR, I came to know that my ACR had been written, not by the Principal, but by another teacher (i.e. a person of the same rank as I am). Obviously the Principal (with whom I did not do well) had set up a teacher to write my ACR with the intention that when I would make a representation to him (the Principal), he would reject the same, thus permanently scarring my career.
Faced with this situation, instead of making a representation to the Principal, I made a departmental representation against the same to the Commissioner (through proper channel), taking various grounds. My representation was upheld by the Commissioner with the remarks "I have gone through the entire record of the employee. There is nothing on the record which warrants such remarks. Accordingly, all the adverse remarks are expunged and the ACR is graded above average".
Can I file a criminal complaint for defamation against the teacher (who actually wrote my ACR) and the Principal who let it happen? Are there any decided cases with regard to an employee filing or succeeding in criminal defamation in ACRs? I would be grateful for advice. Thanks for your time.
