1)complainant would not lose the govt job merely because accused has filed defamation case against her
2) complainant can take her govt job
Joining government job after charged with defamation case
My friend has filed a case under section 354 against a man. She is afraid that suppose she loses the case and the man files a defamation case against her. In that situation, can she join government job?
Asked 7 years ago in Constitutional Law
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6 Answers
Mere acquittal of the accused person does not warrant filing of defamation case.
And if your friend is so bothered about her future then she may not pursue the case.
After so many years a person hardly finds fire in the belly to run after the complainant by filing defamation case.
Hi, it is not certain that even if she looses the case the defamation charges will be filed on her ..the decesion of case is on the discretion of court , and it does not mean that she falsely implicated him ..
1. If she loses the case the accused will be acquitted. This is the maximum that will happen.
2. Even if the accused after his acquittal files a case of defamation it will have no bearing on her job as defamation has to be proved in the court. Just because the accused has been acquitted does not imply that the complainant is guilty of defamation. The person who sues for damages on account of malicious prosecution has to prove the malice strictly.
This is a private complaint if at all he files one after she losing her criminal complaint.
Moreover the complaint by her shall be prosecuted by police hence defamation case against her in this regard is not maintainable.
Even if files a case, he has to prove his allegations in the trial proceedings to get her punished which may years to conclude.
Thus her fears are unnecessary
She need not be worried in this aspect.
Hello,
That purely depends as to in which sector she will be applying for job. Generally the government officials before selecting a person takes an affidavit that whether any criminal case is pending against you or not? But a case of defamation in my advise will not hamper your friend's opportunity in government.
Regards
