• Defamation

I am an elected Board member of Badami Bagh Cantonment Board. A pseudonymous complaint was  received at station hqs of military station B.B.Cantt. The same was forwarded to C.E.O. od B.B.Cantt.Board for his comments by Amn Cmdr 31 Sub Area Badami Bagh. The allegations levelled against me were that I am an Ex-Millitant wh has become Board member. Tht I am involved in corrupt practises & That I am ating like  local MLA. The C.E.O of the Board, of which I am an elected member, published a public notice inviting proof if any to corroborate the allegations levied against me  from general public.. though no proof was provided by any person to substantiate the allegations of pseudonymous complaint . He aqgain caused a public notice to inform public that no proof has been provided by any person against me.
 Now my contention is that my self respect , honour & integrity has been maligned by this action of C.E.O. Also there are clear guidelines laid down by law as to how to deal with anonymous/pseudonymous  complaints that is no action is to be taken on recieving such complaints. I request you how do I make the said C.E.O accountable for his wrong doing & seek damages from him visa viz my character assassination etc.
Asked 11 months ago in Civil Law from Srinagar, Jammu and Kashmir
Hi, you can file a defamation case against the C.E.O, and also for suit for damages against C.E.O, based on the paper publications.










Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) Complaints which are anonymous and pseudonymous.should be subject to secret verification 


2) records should be examined  discreetly, so that secrecy of the verification is
maintained.

3) Secret verification should be completed within three months of the receipt of the complaint

4) as per CVC circular no  98/DSP/9 dated 25/11/04 no action should be taken on anonymous complaints by ministries/ Department / organisations 

cvc.nic.in/anps25112014.pdf


5) you are absolutely correct that no action is to be taken on these complaints 

6) you can issue legal notice to CEO that issue of public notice has been in flagrant violation of the guidelines  laid down  


7) to tender an unconditional apology failing which you would sue him for damages 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
The CEO should have inquired into the allegations on his own or forwarded the inquiry to another office. To cause a public notice to be issued, in the absence of any evidence in the complaint to substantiate the allegations, is an ill conceived act. You can file a criminal case for defamation and also seek compensation from him for acting in a manner which has occasioned loss to your reputation. 
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
Hi
You should send a legal notice for defamation seeking public apology from him, failing to do so demand hefty damages, sue him. 

If you are sure that he has not followed the guidelines in investigating / enquiring the complaint. 

You can either proceed by filing an FIR or a private Complaint before the magistrate. 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. As per rule anonymous/pseudonymous  complaints are not to be attended at all,

2. Any  person of average common sense will understand that such paper publication is solely for maligning you basing on the said anonymous/pseudonymous  complaint,

3. It may so happen that the CEO himself has arranged to send the said anonymous/pseudonymous  complaint,

4. The basic criteria for terming an action as defamation is that something defaming shall have to be published in Newspapers for public viewing which exists in the instant case,

5. File a Defamation Case immediately against the said CEO.
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
5.0 on 5.0
1) as per guidelines laid down by Ministry of Personnel & Public Grievances & Pensions (Department of Personnel & Training) Dt:18th of October 2013. no action is to be taken on anonymous complaints . these are simply required to be filed 

2) as mentioned earlier you can issue legal notice to CEO to tender an unconditional apology 

3) if CEO  refuses to tender an apology you can file suit for damages for  X amount for  maligning your reputation 

4)the defence of CEO would be that although he had issued public notice inviting proof if any to corroborate the allegations levied against you   from general public.in contravention of guidelines when no proof was found another public notice was issued that no proof has been found to substaniate these allegations . hence no damage to your reputation has been caused and no case for criminal defamation made out 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
1. File a criminal case u/s 500 of Cr.P.C. against the CEO,

2. You can also file a Civil Case u/s 19 of C.P.C. claiming compensation for doing wrong to you causing huge damage.
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
5.0 on 5.0
Under section 500 of IPC. 
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
Now my contention is that my self respect , honour & integrity has been maligned by this action of C.E.O. Also there are clear guidelines laid down by law as to how to deal with anonymous/pseudonymous  complaints that is no action is to be taken on recieving such complaints. I request you how do I make the said C.E.O accountable for his wrong doing & seek damages from him visa viz my character assassination etc.
The high handed act of the said CEO is perse defamatory.
The CEO has no authority to issue such a public notice especially against his own employee.
If at all  CEO would like to take any action, he could have initiated departmental enquiry or even disciplinary proceedings against you on the base of the complaint.
He is liable to answer to the defamatory action he has done in this regard against you.
You can very well sue him both through civil and criminal laws for defamation offences.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
Please tell me under what section(s) of law can I lodge a F.I.R.  against the C.E.O. and what can be possible quantum of punishment/fine/damages for flaying/violating the guidelines  laid down by CVC Dt: 23rd January 2015 & Ministry of Personnel & Public Grievances & Pensions (Department of Personnel & Training) Dt:18th of October 2013.
You need not approach police for this.  You first issue a statutory legal notice demanding a proper explanation from him and also that why a legal suit cannot be initiated against him for his such an act which spoiled your name, fame and reputation in the society by this defamatory act.
After that you can file a private complaint with the judicial magistrate court under section 499 and 500 IPC seeking to punish him for such an act.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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you can file complaint under section 200 crpc [ fir cannot be lodged because defamation is a non cognizable offence ]. 
it is clear case of defamation, you have right to initiate either civil or criminal proceeding but I advice you to initiate criminal proceeding because it takes short time to decide than civil proceeding. 

punishment : up to 2 years and fine. under section 500 IPC 
Shivendra Pratap Singh
Advocate, Lucknow
2799 Answers
41 Consultations
4.9 on 5.0

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