Q: I am an employee in a government corporation and have had an unblemished service record for over 20 years. Now, towards the end of my career, some senior officials have brought false charges against me. I was hoping that the authorities would not believe these false allegations. But my optimism was shortlived.
Now the authorities have initiated a formal enquiry against me. What is worse is that in the meantime, I have been suspended from service.
Though I am confident of being acquitted of all charges against me, at the moment, I am facing great humiliation and embarrassment, especially amongst my friends, colleagues and my family. I always feel that people are discussing me and are doubting my integrity.
Can I sue my employer for bringing such false charges against me and suspending me from service? My well-wishers are saying that there is no remedy in law and that I will have to wait till my name is cleared by the authorities. Are they right? I am very depressed. Please advise.
Name Withheld
A: Every government employee is bound to observe certain rules of conduct and discipline in the discharge of his duties and his employer is entitled to proceed against him departmentally in the event of any alleged breach. Therefore, first, you will have to take all necessary steps to defend the disciplinary proceedings and ensure that you get full opportunity to clear your name.
If ultimately, the departmental proceedings go in your favour, you are bound to be reinstated with all arrears and benefits that you deserve, including promotional and seniority privileges, if any.
Only thereafter, once you are in a position to clearly establish that the proceedings were in fact initiated and conducted without just cause or sufficient cause and with malicious intent, will you be entitled to seek further compensation for the humiliation you had to suffer and you could file a suit for recovery of damages for loss of reputation.
Admittedly, such cases are not filed often, since employees want to remain in peaceful employment and also, since it is difficult to prove the malicious intent. But recently, the Hon?ble Division Bench of the Calcutta High Court upheld the maintainability of such suit for damages and awarded compensation for loss of reputation to a government employee on the sound principle that where a wrong has been committed, justice demands that the law provides a remedy.
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