Filing case against harssment by superior oficer
Querist :
Anonymous
(Querist) 10 January 2012
This query is : Resolved
Sir(s)
My immediate boss sanctioned leave & I availed, but I fell ill at outstation hence was under treatment of Govt Medical college there and reported my sickness followed by sick/fit certificates on resumption of my duty.My boss marked Absent for said period though I'm also an Officer in Central Govt. I appealed was not considered by Appellate/ Revisionary Auth, hence got relief from CAT who directed to consider my appeal as per rule and was considered by GM that my immediate boss should decide my application & finally leave was regularised.
Now my Q is
Can I file claim for damages for harassment by my immediate boss who ignored rule for sanction of leave& if so-how? & in which forum ?
Now my aim is to harass him thru Court case and claiming fine etc so that such incidences do not happen in future in deppt by anyone ?
Kindly GUIDE.
Advance THANKS & REGARDS .
Devajyoti Barman
(Expert) 10 January 2012
DO remember one adage-
' Pani me rehte hue kabhi magar machh se dusmani mat mod lena'.
When the chapter the closed there is no need to go after your boss.
V R SHROFF
(Expert) 10 January 2012
Shri D. Barman advised in very nice way. u understood it,
Then follow it. I too advise the same thing,
Buy peace at all cost, or be in pieces soon.
Querist :
Anonymous
(Querist) 10 January 2012
Kindly advise in legal angle .
If not given lesson , he will crush to INNOCENTS .To save them (& also to self )legal action is MUST. Sorry to argue.
Advocate. Arunagiri
(Expert) 10 January 2012
Already your grievance was addressed in CAT and you got relief. once again you can not raise the same issue under the banner of harassment.
ajay sethi
(Expert) 10 January 2012
why do you want to ruin your career?
your senior was wrong in remarking you absent and you got relief from CAT .
if you file suit for damages it will take 20 years for it to be disposed of in mumbai .
by that time you would have retired . your senior must be either dead or retired .
forget the incident and move on in life
Deepak Nair
(Expert) 10 January 2012
Dear Shroff Sir, the name is Devajyoti Barman and not Devmani Barman.
Devajyoti Barman
(Expert) 10 January 2012
Thank you Mr Nair for correcting the spelling of may name.
I guess the mistake was inadvertent.
Raj Kumar Makkad
(Expert) 11 January 2012
As the author has legally asked this question so we should also replied accordingly. He might be having knowledge of pros and cons of proposed action.
You can serve a legal notice to such officer as well to the department and can demand damages from them and thereafter can file a civil suit against them before proper court of law.
Raj Kumar Makkad
(Expert) 11 January 2012
INADVERTENT MISTAKES ESPECIALLY IN THE NAME SHOULD NOT BE TAKEN SO SERIOUSLY.
prabhakar singh
(Expert) 11 January 2012
I do not foresee any cause of action for filling a civil suit.
Devajyoti Barman
(Expert) 11 January 2012
Dear Mr Makkad, I have not taken anything about the wrong spelling leave alone seriously.
Querist :
Anonymous
(Querist) 13 January 2012
Respected Makkad Sir
Overwhelmed on your advice & decided to proceed ahead despite pros & cons.
I did not get advice on Criminal action . Pl advise.
Advocate. Arunagiri
(Expert) 13 January 2012
You can file a civil case for damages. No criminal case.
Sudhir Kumar, Advocate
(Expert) 26 January 2012
All experts so far responded have agreed that the queriest was wronged up.
The conduct of such officer is against CCS(Conduct) Rules. He has failed to act as per best of judgment. He has adopted dilatory tactics. Plus he has caused the employee and deptt to face unnecessary cost of litigation. His action are against National Litigation Policy of Govt of India.
Mr Burman advised that ' Pani me rehte hue kabhi magar machh se dusmani mat mod lena'. I take thread from Mr Makkar that he himself be knowing pros and cons of the case and we should give legal views only. A well considered decision but I seek humble permission to partially disagree. If this officer faces any court of disciplinary proceeding he (himself a Govt servant) will be on run and in case his deptt is large he will be no more his boss. He will no more harass anyone and ultimately he will have to compensate the querist. Many officers have faced proceedings based on complaints from junior officials in the same deptt. This includes Armed Forces Officers as well.
Mr Arunagiri expressed that that he has got the relief. A well considered decision but I seek humble permission to partially disagree. yes but he got relief against wrongful denial of leave. Getting relief from CAT against any wrong does not preclude an employee from seeking disciplinary action against erring official. Unless this approach is there the flood of service litigations will not stop. Such relief is not against harassment. He cannot afford to go to CAT every time he falls sick.
Mr Arunagiri also expressed that no criminal case may be feasible. A well considered decision but I seek humble permission to partially disagree. I refer to S/166 of IPC “Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both” The officer has violated the provisions of leave rule. Distorted the leave rules and if successful would have ensure disciplinary action or at least dies-non (with or without break in service)
Mr Ajay Sethi expressed that it can ruin his career and litigation will take long. A well considered decision but I seek humble permission to partially disagree. But if he requests for disciplinary action (files wring mandamus if deptt abstains) the career of the sai officer will be ruined not his. Even if the guilty officer is powerful, he will not have cakewalk.
Mr Prabhakar Singh expressed no chances of civil suit. A well considered decision but I seek humble permission to partially disagree. Chances are there for disciplinary action. Civil/Criminal suit does not have zero chance. Civil suit can be file for actionable wrong. The officer has acted wrongly and caused this person to run to court.
V R SHROFF
(Expert) 26 January 2012
Mr. Nair & Mr. Barman
Dear Shroff Sir, the name is Devajyoti Barman and not Devmani Barman
Thank you Mr Nair for correcting the spelling of may name.
I guess the mistake was inadvertent.
I am sorry,
My Junior was Devmani, and I just missed only in this query,sleep of ?? though I am careful for it,
Now I will correct to D. Barman
Thanks to point out.
V R SHROFF
(Expert) 26 January 2012
Buy peace, is also important.
After few years of suit, you will say, justice is costly, it cost lots of time and money, and is your personal loss.
