• Can I file civil and criminal defamation suit?

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?
Asked 5 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

Dont take any legal proceedings . 

 

2) it would affect your career prospects 

 

3) they may find another reason to suspend you 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

No it doesn't amount to defamation. You much more CAT

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

File for a malicious prosecution rather than going for civil or criminal defamation. 

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

Hi, You can file defamation cases on both on  Civil & Criminal defamation.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can file both. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Yes you can file criminal and civil defamation. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Yes you can file both civil and criminal suits simultaneously. There is no bar on the same

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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.

 

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

DHO had suspended you in discharge of his official duties, hence he is not amenable for defamation either under civil or criminal law unless you can prove malice on his part.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer