Shashi Shankar (SA) 15 April 2015

Want to understand how to file defamation case

Hi,

Recently I joined a company in Bangalore (19th March'15). Before this I was working with Syntel Limited (location: Pune). My last working day in Syntel was 13th March 2015 and came to Bangalore on 15th March 2015.

Now my current employer did some background verification by third party vendor and vendor said that there is a case filed against person name "Shashi Shankar" with DOB 6th Jan 1986 having some Bangalore address.

Case filed on 10th Dec 2014 in Bangalore under IPC 509, IPC 66(A) of IT act. Also there is one hearing happened already and case is in pending status.

Now thing is that my name and date of birth are matching but address given doesn't match with my all past or current address. So how come verification firm can say that case is against me. I am and was never involved in any case since my birth :-) .

Also before doing any verification, they should ask all details from my end and then start with verification.

Just by matching name and date of birth how can they prove that there is some case on my name.

I can provide proof that I was not resident of Bangalore before March 2015.

I don't know case number, just got information like "case was filed by Amith Kumar, Bangalore on 10th Dec 2014 under Indian Penal Code 509, 34 IPC 66(A) of IT ACT. The said case is still pending" Quoted information I got in email by current employer.

My current employer can't reveal name of third party verification vendor as per company policy.

So just want to know how to file defamation case against verification firm. They started verification process without any information taken from my end and given judgement like there is case against my name which has no base, false statement.

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2 Replies

Hardeep (Business) 19 April 2015

1) Unless you have the name of the Verification Agency, you cannot proceed against them.

2) Further, you will have to prove the allegations have harmed you. Have they in any way ? Can you not simply explain to the HR Department that it is some other person ?

3) In case you are harmed, then your primary case is against the Company you joined. It is then for the Company to provide whatever evidence they have in the proper forum. Approach the local Labor Court for the same if this happens, after clearly documenting your stand with the Company as well.

4) It is not necessary for the Verification Agency to take your concurrence or inform you. Indeed, maybe their contract with your employer may specifically forbid this.

R.G. Singh (Intern) 20 April 2015

If your current job is not under threat, don't enter into litigation related to this event.

Alternatively, your HR dept. can send a query back to the third party verification firm asking for "Father's name" of the accused. This should dispel any doubts which you or your company has around this "mistaken identity"