• Defamation case against pseudonymous petitioner

I m.honest officer. Unfortunately some disgruntled elements have made pseudonymous petition to our vigilance citing false allegations of favouritism in tendering corruption etc. I have followed all rules which can be proved by documents and not taken even single penny from.any one. However enquiry due to petition is causing me embarrassment in office . Being honest , I m very much worried about defamation. Can I file petition in court or file in PS against petitioner to enquire into who that person is who want to defame me on personal grudge.
Asked 8 years ago in Labour

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8 Answers

1.Loading false complaint is a not ground for filing defamation case.

2. Moreover the defamation case is filed agaisnt a person whose identity is ascertained.

3.In anonymous cases no defamation cases can be filed.

4. Do note that you are honest and that is why are getting defamed. This is considered to be your reason to be come famous. So use this on your advantage.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Yes,you can lodge complaint nevertheless with police but since the defamation case is non cognizable cases police cannot investigate without permission of court.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1. Was the complaint filed through a hard copy or an email? If the complaint has been filed anyonymously then it will not be possible for you to get any relief from the court in a suit for damages on account of defamation as the court requires the name and address of the person to whom it has to issue summons.

2. You can though file a complaint under section 156)3) Crpc to seek directions to the police to trace out the person who made the false complaint against you. Once the person ins traced you will be at liberty to sue him for damages.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

The law of defamation is supposed to protect people's reputations from unfair attack. In practice its main effect is to hinder free speech and protect powerful people from scrutiny. Defamation is all about reputation, and in particular about statements which damage others' reputations. Anything that injures a person's reputation can be defamatory. Section 499 in The Indian Penal Code deals with defamation.

There are numerous threats of defamation. Most of them are just bluffs; nothing happens. Even so, often a threat is enough to deter someone from speaking out, or enough to make them publish a retraction. Evidence is important for winning a case. As per your query pseudonymous petitions defame you. But you please understand that a Good behaviour highlights the injustice of abusive attacks. Being polite and as level headed as possible, and especially not responding with counter-abuse.Take it from energy and do and continue the straight forward, right and trust behaviour approach and sincerity in Job.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

1) in case any allegations are made against you before the vigilance department your organisation is bound to conduct inquiry to find whether there is substance in the allegations made in complaint

2) wait for report of the preliminary inquiry

3) your organisation would not disclose name of the complainant

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

1) in your defence take the plea that you followed all rules and regulations

2) you have documentary evidence that you have not flouted any rules

3) you would get clean chit in the preliminary inquiry conducted by your organisation

4) you cannot stop disgruntled elements from levying allegations against you

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

If the department has ordered inquiry on the basis of an anonymous complaint, you may first attend the inquiry, challenge the allegations and prove them false.

After coming out with clean chit, you may decide about taking action against the suspected disgruntled element in the office which was the cause for this unnecessary embarrassment and mental torture.

Before that no case shall be maintainable.

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

How can false pseudonymous petitions be stopped if we can't take action. Are there any legal actions like police compliant for enquiry of psedomous petitioner or suspected persons. Otherwise anyone who does not want honest officer to be in that particular seat will file pseudonymous petition and make him or authorities transfer

All such disgruntled things are common in the public offices where the honesty and sincerity will not be liked by all.

The unanimous complaints in the pseudonymous name are a regular and routine issue, neither you nor anyone can stop such undesirable activities.

You may give a complaint in your case but do you think this will shut everyone's mouth or refrain all other people from sending such complaints against some other person?

You may plan to take action against the person who you know to have made this complaint and not on an unknown element.

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

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