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How to file Criminal Defamation, against employer


10-Oct-2023 (In Criminal Law)
I am working as School Assistant in Govt. High Scool in Andhra Pradesh. The head mistress withheld my salary since 18th April, 2017 till date without informing any reasons. The National Human Rights Commission responded to my request and directed the District Magistrate to take action. The Andhra Pradesh Administrative Tribunal also passed interim order for the payment of my withheld salary. Now process is going on to draw my salary. Can I file a writ petition in High court for criminal defamation because 1.I faced financial hardship for the last six months. 2.Making baseless and false allegations to hide her mistake. 3.Mental torture to me to my family members. 4.Damage to my personal life in the society and teacher community. 5.My family members continuous monitoring from preventing me from experiencing depression and taking risk to my life. Please advice me With regards Smt. 
Answers (2)

Answer #1
986 votes
No, defamation is with regard to harming a person’s reputation. Since the headmistress’s act has not effected your reputation, you can not file a case for criminal defamation.
Defamation" is a catch-all term for any statement that hurts someone's reputation. Written defamation is called "libel," and spoken defamation is called "slander.
Answer #2
875 votes
Hi
You can file a defamation case against the Head mistress at the Sessions court.
High court will entertain petitions only if you are filing cases against the government.
For filing of defamation at High court, the opposite party should be principal secretary, department of education, District Educational officer etc. Non payment of salary will not be defamation.
If the order of AP administrative tribunal is not complied, you can file a contempt case at Tribunal(please note that the AP administrative tribunal functions are now carried out by High court).
Hope this information is useful.

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