DEFAMATION FOR FALSE ACCUSATIONS
1 month ago
RESPECTED SIR/MA'AM,
I AM AN EMPLOYEE IN PSU COMPANY (A STATE GOVT. COMPANY).
IN APRIL 2021, AN FIR WAS LODGED AGAINST ME FOR WHICH I WAS SENT TO JUDICIAL CUSTODY.
DURING MY JUDICIAL CUSTODY PERIOD, MY H.O.D HIMSELF WENT TO POLICE STATION AND COLLECTED F.I.R COPY FROM PS AND INITIATED A NOTE FOR SUSPENSION OF ME.
IN MAY 2021, MY MOTHER AND SISTER APPROACHED THE H.O.D IN HIS OFFICE AND REQUESTED TO UPDATE MY LEAVES, SO I CAN GET SALARY. FOR WHICH HE NOT ONLY REFUSED BUT ALSO USED SOME FILTHY AND ABUSIVE LANGUAGE WITNESSED BY MY SISTER.
AS THE CASE WAS PENDING WE REMAINED SILENT.
IN JULY 2021, HE SERVED ME AN ORDER OF SUSPENSION STATING F.I.R. DETAILS WHICH ARE NOT RELATED TO ME.
IN JUNE 2022, I RESUMED TO MY DUTY 11 MONTHS LATER AFTER REVOCATION OF ORDER OF SUSPENSION THROUGH OUTCOME OF W.P. FROM HIGH COURT.
IN JULY 2023, THE CASE WAS DISPOSED IN JULY 2023 AQUITTING ME OF ALL THE CHARGES.
--IN NOTE INITIATED BY HIM FOR MY SUSPENSION, HE MENTIONED THAT I DO NOT POSSESS GOOD CHARACTER WHICH IS NOTHING BUT AN ASSASSINATION OF MY CHARACTER.
--USING FILTHY WORDS ABOUT ME WHILE THE CASE WAS PENDING, I WAS ONLY ACCUSED (ACCUSED IS INNOCENT UNTIL PROVEN GUILTY) BUT HE DEFAMED ME PUBLICLY IN-FRONT OF MY FAMILY MEMBERS ON MAY 2021 CAUSING ASSASSINATION OF MY CHARACTER.
NOW PLEASE KINDLY LET ME KNOW AND GUIDE ME WHETHER I CAN SUE HIM OR FILE A SUIT AGAINST HIM FOR HIS AFOREMENTIONED UNJUST ACTIONS AGAINST ME AS SUCH ACTIONS OF HIM NOT ONLY CAUSED ME FINANCIAL CRYSIS BUT ALSO SEVERE MENTAL AGONY.
I HAVE A COPY OF NOTE MENTIONING - I DO NOT POSSESS GOOD CHARACTER.
COPY OF SUSPENSION ORDER IN WHICH SECTIONS AND FIR DETAILS ARE NOT RELATED TO ME.
If you have been released or acquitted by the court from a criminal charge brought against you by your employer and you believe the accusation was false, you may have legal recourse against the employer. Here are some potential actions you can consider:
1. Civil Actions:
- You can take legal action against the employer for damages and injury caused by the false accusation. This may include claims for defamation, malicious prosecution, or false imprisonment.
2. Defamation Suit (Sec. 500 IPC):
- You may file a defamation suit against your employer under Section 500 of the Indian Penal Code (IPC). However, it's important to note that the burden of proving the false allegation lies upon you. Defamation suits can be time-consuming and expensive.
3. Claim Application under Sec. 33C(2) of the Industrial Dispute Act:
- You can file a claim application under Section 33C(2) of the Industrial Dispute Act before the concerned Labour Court. This application can be used to claim full wages or salary for the period of suspension.
It's crucial to consult with a legal professional to assess the specific circumstances of your case and determine the most appropriate course of action. Legal proceedings can be complex, and seeking expert advice will help you navigate the process effectively. Keep in mind that the success of your legal actions may depend on the evidence available and the specific legal provisions applicable to your situation.
When you are released or acquitted by the Court from a criminal charge brought against you by your employer, you may have legal recourse against the employer who falsely accused you of a criminal act. Your suspension order was revoked by the employer which itself proves the ulterior motives of the employer. You can take legal action against the employer claiming damage and injury caused to you for false allegation or acquisition. This could include defamation, malicious prosecution, or false imprisonment claims. These civil actions can help you recover damages from the employer for any harm caused by the false accusation. you may file a defamation suit for false allegation/accusation against your employer under Sec,500 IPC, but a burden to prove the false allegation lies upon you. Moreover, a defamation suit is a cumbersome exercise, time-consuming and expensive too. You can also file a claim application under Sec.33C(2) of the Industrial Dispute Act before the concerned Labour Court claiming full wages or salary for the suspended period. Reach out to an Advocate for guidance and steps
You are having a very good case to go for defamation cases both in Civil Court as well as Criminal Court. You may claim huge liquidated damages against all the concerned jointly and severally.
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