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Nandavanam   26 September 2023

Claim of damages against former official superiors

I am a retired senior Government Officer. While in service, there had been many instances where I was required to be part of unlawful actions. I had avoided such instructions. In some cases, I had taken action contrary to the instructions. Such actions have been upheld by the Courts. 

However, just a couple of months prior to my retirement disciplinary proceeding initiated. Enquiry officer was appointed only after two years when I approached the Tribunal. Enquiry took more than one year. But he did not submit Report. So, another officer was appointed. He also did not complete the proceedings even after two years. Finally, the Tribunal quashed the proceedings for total non-application of mind by the disciplinary authority.

I could not get pension, gratuity and other benefits in time because of the pending proceedings. I wish to proceed against the former superiors including the disciplinary authority and the inquiry officers  and claim damages from for the deliberate harassment.

Can I file a civil suit in the civil court for the purpose?

I do not wish to proceed against the Government.


 3 Replies

Mr. Sumitra kumar (Advocate)     27 September 2023



The onus of proving of malafide intention is upon you in such a case. Do think and take wise decisions.


Thank you.

Dr. J C Vashista (Advocate )     28 September 2023

Yes, you can file a civil suit claiming compensation for defamation and harasment by (individual) disciplinary authority and enquiry officer(s).

It is better to consult a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding

Sudhir Kumar, Advocate (Advocate)     28 September 2023

yes you can file.


malafide seems to be alrady proved by CAT orer (atleast as appearing from your post). It seems that there were charges wheihc were arbitrary (as you stated are quahsed by court) and the IO had also not submitted report in time.


more conceret view can be expressed after seeing papers, as the issue is new one. Peursal of each and every paper is needed in this matter .


seperately being replied at

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