You can file FIR against him for giving false information with the intent to cause public servant to use his lawful power to create annoyance/injury agasint you.
I am a government officer During finalisation of tenders a firm has complained that I am trying to benefit a certain contractor Complaint is totally speculative in nature Also tender has just opened and has not been finalised He has given a copy to my hq also What action can I take against that firm Pl advise
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You can file FIR against him for giving false information with the intent to cause public servant to use his lawful power to create annoyance/injury agasint you.
How can you alone give benefits to someone after opening the tender. Baseless complaint. Ignore at this stage.
Dear sir,
Firstly, you should send him a legal notice stating that this act of his has amount to defame you while you were discharging your duty bonafidely and ask him issue an apology letter and send it to the HQ and withdraw the complaint.
Secondly, A case of civil and criminal defamation can be filed against the person in which our claim will be to ask for the compensation and punitive liabilities he may have to face.
You can contact me for serving him with a legal notice and consequently, filing a suit.
You can contact me for consultation. If any.
Regards,
YUGANSHU SHARMA
ADVOCATE
Looks like you have been defamed, as it has been sought to portray that you are a corrupt official.
You are free to issue a legal notice to this Complainant, since without any basis he has sought to portray you in bad light. If he had credible evidence against you, he was free to approach the Police and lodge a FIR against you; but here since the complainant is only speculative, in his endeavour to flag you before the concerned Authorities he has ended up defaming you.
Seek damages/compensation.
you can after obtaining approval from your superiors issue legal notice to firm to with draw false and defamatory statements made against you that has maligned your reputation . if he refuses to tender an unconditional apology file case of defamation against said firm
2)
a public servant is entitled to file a complaint through the public prosecutor in respect of his conduct in discharge of public functions. Public functions stand on a different footing…The provision gives them protection for their official acts. There cannot be defamatory attacks on them because of discharge of their due functions. In that sense, they constitute a different class,” the apex court held.
Endorsing a public servant’s right to use the State machinery to fight a defamation case against another citizen, the apex court reasoned, “one is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack.”
3) The court said this right of a public servant to file a defamation complaint is over and above his or her right under Section 199 (6) to personally file a complaint before a Magistrate. “Sub-section (6) gives to a public servant what every citizen has as he cannot be deprived of a right of a citizen. There can be cases where sanction may not be given by the State Government in favour of a public servant to protect his right and, in that event, he can file a case before the Magistrate,”
Dear Sir,
If you are right there is nothing to worry.
For sake of safety you can get an rti report for the process and that would make you more confident.
Also report to higher authority about the allegation and also give him a legal notice regarding defaming you.
Well, if the allegation is baseless and without any support of apparent evidence , case of defamation can be filed.
The case of defamation can be both civil and criminal in nature.
Hello,
If after the enquiry it is found that you have not done anything then you may file a case for filing a false case and may file a false case to claim compensation for the loss of mental peace and for defamation.
Regards
- As per law, When any person gives any information to any police station in India which the person knows or believes to be false and that person believed that some action would be taken on such information, it would be an offence under section 182 of Indian Penal Code.
- AND It is punishable with imprisonment of either description for a term which may extend to 6 months, or with fine which may extend to ₹1000, or with both.
- If, you think that the said complaint is totally speculative in nature and you have not done any act against the rules and norms for finalising the tender, then you should firstly lodged your complaint with your departmental head , further after taking respective permission should also lodge your complaint in the Police station .
- Since complaints against government officers are received by the Department of Personnel and Training (DoPT) and the Central Vigilance Commission, hence you can also approach here as well.
- Further, on the ground of the above mentioned complaints , you can also file Defemation cases againt him in the Court of your jurisdiction.
Good luck and dont forget to rating Positively.
See if the complaint is rejected and you are not held accountable you can file a suit.of defamation seeking damages and complaint against the contractor before magistrate.
sometimes complaints can affect your career especially when you're a government servant. so be careful and prove that you are innocent after you can file defamation case against them.
- The defamation case against this vendor can be filed to defame you with wrong allegations.
- Also, the request to department can be raised by you for independent enquiry over the matter and if nothing comes out the vendor can be blacklisted for putting pressure on you by taking your name.
Regards
Vivek Arya
In case if the complaints is false, then through your HOD / Organisation file complaint against the said contractor.
In your report, you can black list the said contractor.
Individually you cannot take action against him.
Write report about the issue to the Department and HOD.
If the complaint is based on false fact to defame you then you can file defamation case against them company.
Since he has given a complaint against you, there is nothing that you can do to him in the name of taking any action against him.
Your department will enquire into this complaint and if found to be false then it may ignore it or it may conduct an inquiry against you,
You may await the action taken by the department after which you can plan to initiate legal steps to tackle this issue.,