civil suit against public officer by sr. public officer
NB
(Querist) 02 September 2009
This query is : Resolved
the respondent is my friend. a civil suit has been filed by the senior officer against the junior officer of the same department(Central govt. employee) in the local district court. Can such type of cases are matter of district civil court? or being service matter is subject matter of central administrative tribunal or while senior was in supervisory capactiy should not act like this.As repondent represented his office several times but recd. no reply. Defamation suit of rs.20000 has been filed by the senior in the name that junior abused him. what type of remedy is available in this case.
thanks
NB
Again added on 03-09-2009 : Fact about the case is that after transfer of senior to another place and got stay from the high court cases has been filed against the junior in the district court while such thing not happened at all, moreover In his petition against transfer order before the high court at later stage Sr. included Junior falsely as a respondent in his transfer application in the name junior was creating hindrance in his official work while high court rejected his application. senior officer is doing all becoz of ego issue and to harass junior mentally and morally as office is not taking any action.
Pl. advice accordingly
A. A. JOSE
(Expert) 02 September 2009
Defamation case cannot be termed as a service matter and as such it would not lie before the CAT. However, it would have been proper if you have furnished exact details please.
R.R. KRISHNAA
(Expert) 03 September 2009
It is only a inter office dispute. It must be resolved only by the higher officials. The affected party must give a complaint or petition about the incidents to the higher authorities of the office and necessary disciplinary action can be taken against any misbehaviour.
In fact if the senior feels he is insulted, he himself can take necessary action against the junior by issuing a memo calling for explanation and later as per departmental rules enquiry can be conducted against the junior through some impartial officer with proper procedures and decision can be taken by the higher officials based on the enquiry report.
I think a defamation case is uncalled for.
