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Exploring genuineness of filing a case for defamation.

(Querist) 30 March 2017 This query is : Resolved 
Dear sir,
I am a senior class one gazetted CG officer, Sir I am exploring for genuineness for filing a case of defamation. In brief the matter is that, one of my colleague has imposed a baseless and false charge of financial irregularities against me. This, he has mentioned in his mail, described in two three lines of the para (exact language of the text is mentioned below), along with text related to other matter. In fact this baseless charge, is for a work which has not gone even to tender stage. At present we have taken only budgetary offers for the proposed upgradation work, from the probable companies. As per the standard official procedure, when we receive budgetary offers, these offers are discussed thoroughly by an expert committee, before going to tender stage. This fellow, has also copied this mail to my superior and also to Head of institution. In fact this baseless blame is a deliberated reaction against the proposed departmental action against him, to transfer his duties to the other areas within the institution.
Following lines describes non ethical, objectionable language, which he has used in his mail
• "The proposed quotation taken by Sh. ------------. Supplier* charging Rs. ------ without offering costlier equipments".

• "I feel all above financial matters and many more matters may proceed to financial irregularities and officially incorrect. Because of it, I have brought it in your kind knowledge".
(*Here it is to be noted that for a budgetary quotation there is no supplier company is just a bidder)
Please suggest me, whether I can file a case of defamation against him. This person who has imposed false charge of financial irregularities, against me belongs to reserved category, where as I belongs to general category. Please also advise me, whether I have to take departmental permission for filing this case.

With best regards
krishna mohan (Expert) 31 March 2017
If your action is under consideration and no order is placed at the higher price compared to market rates, you need not worry. When your hands are clean you need not worry as it is for higher authority to take a call. If it is baseless your employer also can take departmental action against your colleague based on your written representation along with the cited email.
Kumar Doab (Expert) 31 March 2017
HoD is expected to prepare his findings/report on complaint.
Vivek (Querist) 03 April 2017
No point of action, it is baseless allegation. and this fellow has abused earlier also that why I want to file a case against him please advise.


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