tort

raghavendra (Querist) 07 April 2011 This query is : Resolved
sir,
i was central government employee , i was dismissed by my employer by imposing false charge of misconduct , despite that employer lodged false criminal case against me , how ever i aquited in that criminal case , now i want to file criminal case against indian airlines that "maliciaous procecution " cae i logde civil suit against my employer by claiming damages

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M.Sheik Mohammed Ali (Expert) 07 April 2011
yes, you can claim compensation and also file criminal case also.

Devajyoti Barman (Expert) 07 April 2011
Ok then, go ahead.

Kirti Kar Tripathi (Expert) 07 April 2011
you can file but it will depend n what ground you were acquitted. If you were acquitted on the ground of benefit of doubt, I don't think, the suit will allow.

Parthasarathi Loganathan (Expert) 07 April 2011
Your services will be restored with full pay besides compensation for the unliquidated damages caused to you.

Kirti Kar Tripathi (Expert) 07 April 2011
claim against termination of service and tort both are of different nature. Judgment passed by the criminal court will not affect the legality and validity of termination and the same has to be proved on the basis of material produced before the competent court. However, judgment passed in criminal case can be an evidence before the said court.

raghavendra (Querist) 08 April 2011
sir,
is there limitation to file suit under tort ,before the civil court

Naresh Kudal (Expert) 08 April 2011
what is the findings of criminal court? if, from the decision, it seems that there was false complaint against you, case under law of tort can be filed.