Dont take any legal proceedings .
2) it would affect your career prospects
3) they may find another reason to suspend you
I am a Permanent District Zill Parishad worker. Five months ago District Health Officer Suspended me for the false ground of neglegence of duty. Now Inquiry Committee has aquitted me from all the allegations made by DHO against me. Now can I file civil and criminal defamation case against DHO?
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Dont take any legal proceedings .
2) it would affect your career prospects
3) they may find another reason to suspend you
Defamation is a criminal offence and hence as per the facts and circumstances of the case you have a fit case wherein you can file for defamation.
Regards
yes you can file a civil defamation suit claiming damages and criminal.complaint directly with magistrate under section 499 ipc .
Though he can take defence that it was in pursuance to duty and he can skip the liability and suit will take time so settle instead send notice ask apology that would be better prospective on your part.
On the basis of statements mentioned in complaint, no case for defamation lie.
The dismissal of the allegations raised in the complaint does not make any change in the situation either.
So forget about the defamation case , either civil or criminal.
However you can file civil suit for damages.
Best of my knowledge firstly you should go with the case which is the imposed by District Health Officer. If it is proved that District Health Officer falsely imposed you have a strong ground for file a defamation case. on other hand defamation is defined as the writing, publication and speaking of a false statement which causes injury to reputation and good name for private interest. Defamation can be viewed criminal as well as civil offence. under Sec- 499 & 500 of Indian Panel Code victim can be filed a criminal case for defamation against the accused. Punishment for the guilty person is simple imprisonment which may extend for 2 years or fine or both. for civil suit you can move High court or subordinate court under Law of tort for damages in the form of monetary compensation.
1) Defamation cases are of two types, criminal and civil.
2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, then suit lies. Court fees are required to be paid as per value of damages caused to reputation.
3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.
Here, court fees are NOT required at The level of a civil case.
At the end of case, court punishes offender if defamation is proved.
3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.
Negligence of duty is not fit ground to institute defamation case against anyone.
if the DHO has forwarded some personal derogatory comments against you then you should consider filing a civil and criminal defamation case against him.
Acquittal is different from dismissal of the case.
What is the decision given by the enquiry committee?
If the health officer has done it in his official capacity then your proposal to file defamation case may not be maintainable.
Yes, you can.
based on that report/Acquittal order passed by the committee, you may file a civil suit for recovery for damage you reputation in society.
based on the allegations, you may file a criminal case against him for Criminal Defamation under section 499/500 of IPC
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