Defamation suit

Querist : Anonymous (Querist) 22 December 2011 This query is : Resolved
dear sirs,

kindly please guide us as to it is legally valid and correct to file a defamation suit against the Head of office by a subordinate officer as the Head of office submitted wrong and false information to the Head of the Dept with ulterior motives. Is it necessary to seek permission of the Head of the Dept before filing the defamation suit ?

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Sankaranarayanan (Expert) 22 December 2011
it is internal department issue, so you have to give complaint the higher authority or head.

Deepak Nair (Expert) 22 December 2011
To file a case for defamation, permission of the HOD is not mandatory.
But, since it is an internal issue of your organisation, take actions through the proper channel as per the policy of your organisation.

ajay sethi (Expert) 22 December 2011
filing of suit for damages on account of defamtaion alleged by you is not worth the effort . if you are in mumbai your suit will take 20 years to be decided .

if you are aggrived by decision of your head of your office lodge a complaint in writing to head of department against him .

going to court is not advisable

Guest (Expert) 22 December 2011
It is better for you to first prove the information totally wrong before the Head of the Department (HOD) and then pursue the case for disciplinary action against the Head of Office for misleading the HOD. After all the loopholes are plugged, you can drag him to the court of law for defamation.

Rajeev Kumar (Expert) 22 December 2011
Agree with Experts

Shailesh Kr. Shah (Expert) 22 December 2011
It is not advisable to go for defamation suit. It is totally internal matter of organisation.

Devajyoti Barman (Expert) 22 December 2011
Yes this is not at all a ground for defamation.

Querist : Anonymous (Querist) 22 December 2011
thank you experts

Sudhir Kumar, Advocate (Expert) 22 December 2011
I will disgree with all except Mr Dhingra. Defamation is a crime and once done the victim is not bound to keep in as oficial matter. It appears that the defendeetn and complaint are both Gov temployees. The victim if intending to file civil suit needs permission of deptt under CCS(conduct) rules [or similar rules if in state govt. If intending to file criminal case sanction under section 197 is needed from the authrority who is competent to dismiss the defendent from service. I will also partially dissgree with Mr Dhingra. There will be no necessity to wait for completion of disciplinary action agains the defendent. If the allegations made meet parameters of defamation the court need not be satisfied by the strenth of disciplinary action. I will also agree with Mr Dhingra that discipinary action can be there if the allegations are false andmalafide. Filing civil/criominal case for efamation will not be useless.

Raj Kumar Makkad (Expert) 23 December 2011
Permission from the State is required to be obtained for filing such litigation though prior intimation and action from the department is required to be made by such sufferer and in case no action is initiated within a stipulated time only such employee should move ahead.

prabhakar singh (Expert) 23 December 2011
Yes! criminal defamation would attract permission.Moreover the fact constitutes defamation or not is only your speculation.we have nothing before from you to assess the merit.

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