Can govt employee can file a case of harassment and defamation

726 votes

No, a central govt. Employee cannot file such case , as his superior is doing his job , he has right to issue such memorandum because it his duty to question any allegations of the employee, no such type of cases are allowed

Advocate Raj Girish Suwalka LawRato

864 votes

Can govt employee can file a case of harassment and defamation
> in Criminal Law

Question: A central govt employee was issued a memorandum/ chargesheet on the basis of fabricated facts. Even the charges were levelled on the basis of assumption without any documentary support. It has been proved that the memorandum was containing fabricated facts as well as assumption of facts. In the last the employee has been exonerated by the disciplinary authrity. The chargesheet/ memorandum delayed the promotion for about two years. Now the employee desires to file a case of mental harassment/ defamanation against the authority who issued chargesheet and one of the witness who spoke falsely during inquiry. Now my question is "whether a central govt employee can file a case of harassment and defamation against his employer (i.e the authority who issued chargesheet) on the grounds stated above, if yes what would be the procedure


You have to file writ petition in high court against the authority

Advocate Manan Sharma LawRato

687 votes

my dear friend , yes you can file damage suit against 1. officer who issued charge sheet 2. UOI
secondly you can file petition in CAT for your benefits which are infringed because of mala fide charge sheet .

Advocate Manish Gupta LawRato