False statements made to issue a show cause notice
I work for a professional management college. Recently, based on the complaint of Principal, the Managing Director issued me a show cause notice stating 4 to 5 offenses. The next day itself I showed valid reasons and denied all the offenses.
Today they have given me letter to my reply stating "STERN WARNING" quoting clauses under service rules of institution. Few of my reply to the allegations was satisfactory to them. In the same there was an offense of sending an SMS to the Principal in unacceptable language. Actually, I send an SMS to the office assistants mobile long back, as a joke mentioning the office assistant Name and the word PRINCIPAL (not his official name). This SMS was collected by the Principal (forced the office assistant to forward to Principals mobile) and used as one offense I created, as per the notice.
I didn't send any direct SMS to the Principals mobile and he was using the SMS send to the office assistant as a tool to issue the notice to me. Now it hurts me a lot when a wrong allegation is made against me.
All these incidents happened because, I was asking for hike in salary. Now I am pictured as wrong doer. The letters copy was distributed to the authorities like Adm. Director, CFO and legal adviser. The notice was mainly intended to destruct my morale and to suppress my acts of questioning against the injustice in salary pattern.
Can I file a case of defamation against the Principal for providing wrong evidence to MD, for issuing show cause notice to me. Or else what are the ways which I can defend Principal via law.
Asked 2 years ago in Labour from Cochin, Kerala
first of all issue a notice with the direction to withdraw all the allegations and unconditional apology if not ready then file a defamation case the principal.
feel free to call
Advocate, New Delhi
1) don't aggravate the situation
2) if you file any defamation case you will spend lot of money on legal fees and it will take more than 5 years to be disposed of . Further yiur position in college would be untenable
3) yiu have only been given warning
4) you have not lost your job nor any penalty imposed
5) forget it and move on in life
6) on merits it is necessary to peruse letter received by you to suggest line of action to be adopted
I would like to know who will be the 1st respondent in this case. The MD has issued me the show cause, but I don't want him to be the respondent. Can I file a defamation against Principal, as he is the master brain behind these issues, there by avoiding the management of the institution from the case. Thanks.
Asked 2 years ago
1) issue legal notice before you file criminal complaint of defamation against the principal
2) if no reply received based on legal advice proceed further
A case for defamation is made out if a false allegation has been made against an individual and it has resulted in loss of reputation to him. The biggest defense to a prosecution for defamation is truth. So if you have evidence to prove the falsity of the claim against you then you can launch his criminal prosecution and also file a lawsuit for damages.
The concept of filing a defamation case against anyone is for seeking relief against the defamatory remarks made by him/her against the affected individual.
There are several things which constitute for a libel suit/case as per defamation law and you should conformation of any of the ingredient in the present complaint proposed to initiate.
If you feel that the principal has directly defamed you then you can file a defamation case against him alone by not involving the MD.
It depends on your understanding about the effect of such act which spoilt your name and fame due to which you have approached the court seeking relief, but before that you are required to issue a legal notice to the concerned person seeking relief of compensation for the mental and physical loss he has caused you by his such act.
Consult a local lawyer and proceed.