civil suit by Sr. public officer
NB
(Querist) 03 September 2009
This query is : Resolved
again posted with facts on 03-09-2009.
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
Raj Kumar Makkad
(Expert) 05 November 2009
If the personal civil rights of a person have been infringed, definitely he can go to the local court and there is no need to contact CAT as the same is not a service matter though it is the result of a revalry connected with service. the matter involved therein is defamation and the proper place of the proceeding under IPC is local criminal court. The juniour can make representation to his higher officials and can even take legal action against his senior for harassment and financial losses if his department is not initiating any action.
