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Dr T.A.Vasu (Retired Professor of surgery)     04 May 2014

Memo of charges

I have been given a memo by the Secretary to Govt while I was superintendent of a hospital. Actually, the matter occurred at another hospital and another person was in charge of that hospital. I mentioned that in the reply to the memo. He then issued memo of charges and statement of allegations. Again I gave reply. The disciplinary action was not closed for three years. After the said secretary was transferred, the file was closed. I belong to scheduled castes.

I have suffered mental agony for three years. 

Can I apply to a civil court for damages for mental agony of 3 years? What is the time limit? It is already 3 years after the final orders.

Can I approach the chief secretary to take action against the said secretary for this illegal action?

Can I approach the SC commission for action. He is working central deputation and is not in Kerala. Shall I approach National Commission or state commission?



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 6 Replies

Dr J C Vashista (Advocate)     04 May 2014

1. For filing a suit for compensation of damages for defamation the limitation is 3 years from the date of closing the case file.

2. Yes, you can and should approach CS.

3. Yes, it is State Commission, where you were posted at that point of time when you were issued the memo.

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Dr T.A.Vasu (Retired Professor of surgery)     04 May 2014

Thank you, Sir

Sudhir Kumar, Advocate (Advocate)     04 May 2014

The facts are still not clear.  How do you know file is closed. Any order of exhoneration you received.

Dr T.A.Vasu (Retired Professor of surgery)     04 May 2014

Yes. i received an order dropping the disciplinary action by 2nd next Health Secretary.

Sudhir Kumar, Advocate (Advocate)     04 May 2014

you are not clear about the dates.  

T. Kalaiselvan, Advocate (Advocate)     06 May 2014

@Dr. Vasu: I can understand the pains and pressures you underwent during the torturous period of three years wherein the disciplinary case was pending against you despite the fact that you were not at all involved in the incident.  As advised by my brother advocates, you can make a written complaint against the secretary before the Chief secretary and The National commission and seek justice for his illegal and vengeful actions against you in the name of the said disciplinary proceedings. For defamation, you have to collect proper evidence to blame him directly though the disposal of the proceedings was in your favor, for this you may consult a prudent lawyer within your jurisdiction and proceed as per his advise, do not delay any further so that it is not barred by limitation.

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