yogesh thaware (Self employed) 15 September 2021

Law to sue officers of psu individually for harm done

Can officers of a Public sector (BSNL) be sued for damages (mental, financial and emotional) in an individual capacity which was as a result of decisions taken by them under official capacity ?? It is employee service matter and I don't wish to drag my employer Organisation into any litigation. Kindly comment on a correct legal postion on this.

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10 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 15 September 2021

Your query is not clear. However, to my understanding, if you have any injustice, you can file a case against the Officers in HC or CAT. Consult a local lawyer.

yogesh thaware (Self employed) 15 September 2021

Decisions were taken under official capacity which resulted in lot of financial loss and mental distress. Can they be sued under the civil law ?? Decisions taken under official capacity means the organisation for which they worked comes into picture. I just want to fix personal liability on them.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 16 September 2021

No. For the decisions taken in an organization, you cannot implead individuals who acted in their Official capacity.

G.L.N. Prasad (Retired employee.) 16 September 2021

To me, it appears that the matters are related to affairs within BSNL. There is a grievance redressal system for employees and you may explore such possibilities. Any action taken against the employee is only against such errant employee.

Dr. J C Vashista (Advocate ) 17 September 2021

Be clear and specific in the facts vis-a-vis query, which are vague and confusing. Otherwise it would be appropriate to consult a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding.

P. Venu (Advocate) 19 September 2021

To my understanding, officials could be sued personally in a civil court seeking damages if the alleged financial loss , personal distress amounts to 'injury' in the legal sense. The procedure inheres the rigours of a civil action including payment of court fees which could be quite substantial.

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yogesh thaware (Self employed) 19 September 2021

Out of turn transfer was ordered (can be termed as a way of punishment in legal language). It resulted in non payment of seven months salary,one increment loss ,not considered for next executive pay grade of E4 and ultimately creation of circumstances which ultimately compelled me to resign from my job. Does this constitute any kind of injury in legal language ?

G.L.N. Prasad (Retired employee.) 19 September 2021

What is the harm in approaching the High court against BSNL through writ ? Let the court pass strictures, if it is malafide. Before that, you have to file a grievance and seek their stand in writing, so that they can not go back to find new issues. Consult a local advocate for studying the case history on facts, circumstances, precedents. According to my knowledge, the transfer is never a punishment and it is the discretion of the employer and so far no court has intervened in internal matters of discipline regulations.

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yogesh thaware (Self employed) 19 September 2021

I would prefer to sue these individual officers. When organisation is sued these vindictive officers manage to escape because of resources company has in terms of multiple panel of lawyers (right upto supreme court). They don't have to pay anything from their pockets for legal expenses. Let them face the music personally.

P. Venu (Advocate) 19 September 2021

Your further clarification suggests that you have not suffered any injury. Mere inconveniences do not constitute an injury which entitles you to seek damages.