LEGAL NOTICE FOR DEFAMATION
1) Public Information Officer,
2) All Members of Fact Finding committee,
3) All Members of Institute Complaint committee,
4) ….Name of wife…,
…..Name of sender..,
Reference – Letter no …..If any…. dated…. duly signed by administration officer…Name…
Respected officers and madam,
I ….Name of sender… s/o Shri…….. received a letter ……..dated 3.06.19 from …..Senders name… at my home address also you sent a copy of above said letter to …….office.
It is well known that I and Smt……. are going through marital discord. And so the case is currently listed in family court. My superior and I have been issued letter as mentioned above. The contents of which very objectionable and have gravely impacted my social and official dignity. The defamatory language used in the letter is with sole intentions to make me look bad in the eye of my superiors and severely detrimental to my career prospectus.
This letter is totally defamatory by nature and full of false allegations. By this letter, you casted aspersionson my integrity.
The following are the points which you have raised without even verifying the veracity of the facts at hand, soI have strong objection-
- It’s true that,S….. is my wife andshe has filed a divorce case which is pending in Honorable Family court at…City’s name…. I am fighting this case as PIP (party in person). To successed in the instant case,I am required to produce legally-admissible evidences in the honorable court so I was in search of evidences that prove my innocence.For this purpose, I went there on…Date… 2019 and met several neighbors of …..Wife’s name…. They are living in next lane of the quarters to wifes residence. I went there to find evidences and to collect data about ….Wife’s name.. but never went anywhere near (100m) to my wife’s residence.
Also, as our matrimonial/divorce case is a civil case, no law enforcing agency is authorized to collect evidences and hence I am the only one to collect the much necessary evidences and same is been done within scope of the law.
- It is not true, that I have visitedwifes name residence against her wishes. I never met her nor had faced off with her,on that particular date and time.Surprising point to note, what was she doing at home at office hours. She had lodged FIR No 0351 in …….Poice Station, ….. dated ……mention time of If the matter is under investigation of police, under what authority you wrote a letter to me and my superior and give your own biased and untrue verdict? Your act squarely amounts to Defaming a Respectable citizen with diabolical Malice. In casting vague and absurd allegations, …Wife…. stopped at no extent. Please note now a days even CJI (Chief Justice of India) faced false allegations framed by woman.
- I was not prohibited to enter in ….Name of institute…premises by any prior order issued by any legal authority or by any …..Name of institute….. Hence, the need to take any permission to enter the premises does not arise. Moreover, since it is residence of my legal wife as on date, no divorce is been granted by court. As I am a free citizen of India and under Article 19 of constitution of India it is my right to travel anywhere in the country and meet anyone.
- The due process which has to be followed, while entertaining a complaint and Suo moto abashes defamation through complaint letter clearly shows that you have violated the basic principle of natural justice. You,along with your subordinates should have made an effort in communicating to me, about the complaint and given me an opportunity to put forward, true/my version of incident. You never gave me any kind of intimation about the complaint lodged by ….Wife’s name… against me. The one-sided approach screams abuse of process and shear biasedness in your conduct, the reasons only you know and leaves me to protest your action.
- Your institute committee never gave me chance to appear in front of committee to defend myself against these false and more importantly evidence-less allegations.It is blatant violation of principles of natural justice and rule of law. That shows the lack of authenticity or commitment of this committee to dispose of a false complaint. I have legal right to defend myself. How can committee pass the judgment without hearing or intimating opposite party? This casts dark cloudson the transparency of this committee. It is astonishing that a committee with no name or details of members has posted such inflammatory letter to my department which will be dealt with heavy hand now, via proper legal means and mechanism. It brings doubts on your credibility as an institution and also beg questions under what legal authority, you have sent such unsolicited letter my department. For your mindless and reckless actions,I demand a public apology and compensation for the harm already caused to my professional integrity and personal dignity.
- Your evidence-less allegation on me, that of I forcefully entering ……Wife’s name… residence is totally fabricated and untrue. No legally-tenable evidence were considered. There is no mention in your letter of how you reached that conclusion. Did you at least follow up with the locals and try to find an eyewitness or at least have a record of CCTV footage, to prove that I have wrongfully entered her premise and violated her decorum. Sadly, that is missing and is going to cost you dearly.
- Mere finding my name in visitors register is not a conclusive proved fact that I did something illegal inside the premises, and hence your letter to my department is a pre-planned attack on my dignity, at the behest of …wife’s name….. Only you know, why such inclination towards her. Further to put you in great legal-peril and high cost, I declare that I was using android GPS location-enabled smart phone, so I can easily prove my exact location on ….Date…. I appraise you to consider your member’s name-less committee’s situation, when I do that in a Court of Law, very soon.
- How dare you or how senseless your member’s name-less committee is, to send a copy of your one-sided judgment to …..Office address…, over there all employees read it so the three necessary ingredients of a criminal defamation satisfies u/s 500 IPC due to your irresponsible conduct and as such be prepared to face consequences of defaming a respectable citizen, by violating his reputation, illegally.
- As per FIR No….. lodged by …..Wife’s name…in ……PS, …City’s name…dated ….., I entered in ….Office address…premises at 5.15 pm IST, while as per your Letter No. Confidential….. dated ….., you put false allegation that I entered the premises out of office hours. This again puts you at the cross-hair of the Criminal Defamation that I am about to initiate on you. This is a vivid matter of untruthful and malicious way to defame me.
- It is a baseless allegationthat I tried to make….Wife’s name….feel insecure, without taking my view. I never saw/met her on that particular day so it is clear cut matter of defamation. How can you write anything about my intension, when my conduct and actions are clearly in contrary to your lies?
- I am challenging……wifes name…., every member of fact-finding committee, who all are unnamed, every member of complaint committee,who all are unnamed again, Administrator Officer,to go through lie detector tests like Narco-Analysis Test, Polytrophic Test and Brain Mapping Tests to verify and test the authenticity of your allegations against me. If it will not be accepted by all,this shows to prove that your cunningness and wrong intentions and laid bare open for public and Court to see.
- I am ready to go through these same tests, mentioned above to prove my innocence. Does anyone have any objection? If yes, please give reasons.
- …..wifes name…gave false and defamatory information to …..Offices name..officials and complaint committee members. She misled and dragged you in her desired direction and you fell prey to that devious motivated plan and become accomplices now. Under IPC sections141, 181 and 182as well as …..Office name…. rules, it is a statutory crime to lodge false complaint or lodge false FIR by a govt employee or against a govt employee. Basis this ground alone, she should be immediately, mercilessly suspended, pending departmental enquiry / summarily dismissed. Or engage your panel of advocates and be ready to face criminal defamation case against all members of fact-finding committee and all members of complaint committee for supportingintentionally unlawful, untruthful and fabricated allegation, for assumedly personal gratification and monetary gains from….wife’s name…l.
- One more interesting point for your mindless and nameless committees to ponder upon. …Wife’s name…still carrying surname of her first husband Mr. …xyz….in all her official records. In court proceeding also, she already accepted she got married to Mr…..xyz…l in 2008 and got divorce decree in 2012 from ….City’s name..family court. She got married second time to me in …Date of marriage… while she portrayed herself as “never married” in social media, matrimonial sites and her official records. It’s quite surprising to me, why is she carrying surname of first husband? So,it is mental and social harassment for me and it is clear cut matter of defamation as before …Year of marriage…she mentioned in official records as unmarried and gave false information to Government of Indian and ..Name of office….officials that she was unmarried.Please take legal for cheating us 420 IPC and initiate immediate disciplinary action against her from department side and dototal natural justiceto me, as I got married her on …Year believingher official records were true as she mentioned hermarital status as unmarried in official records.Directly or indirectly ….Office address….. administration is responsible for my ruined life. And they are relentlessly are still chasing me on one or the other motivated pretext.
- Also in her official records she hide her serious disease like Psoriasis and osteoarthritis which she is suffering way before from her joining in …..Office name… I asked questions about this malicious practice done by…wife’s name…and demanded her records to seevai a RTI application but you denied to check her records also you denied to give me copies of her medical records and service records it shows how …Name of office… administration backs….wife’s name…in objectionable unlawful manner with unknown reasons.
- Before divorce, wife should be considered as a wife so tagging wife’s name with my surname is not offense. In her legal papers submitted in Honorable Family Court at …City’s name…..by …..Wife’s name…, she mentioned her name as …Wife’s full name ….”. So I am also just following laws by using her right and legal name.Despite that I am also unhappy to share my surname with her which is unfortunate.
Your aforesaid statements amount to defamation both civil and criminal under section 499 of IPC, punishable under section 500 with imprisonment which may extend to 2 years. By this legal notice, you are hereby required to write an unconditional public apology letter to me and send a copy to ….My office address… for your vexatious allegations.
I was shocked to see that you have written in the said letter,that you have leveled serious allegations against me. That due to the said allegations against me without any basis and purely engineered on malice, I suffered mental agonies, torture. Furthermore, I am facing continuous mental torture, harassment, and fear.Hence, you are demanded to pay amount Rs.25 lakhs as compensation to me for the loss of reputation and respect in the society due to your mindless actions.
That due to the said averments which you made in the said letter not only communicated to me, which is now a public document, my reputation as well as my family’s has been damaged in such that there could not be repaired. The credibility built by me during span of time is shattered due to writing the false, frivolous, fictitious and baseless allegations against me, to which I also reserve the right to file a suit for defamation and damages.
I demanded total Rs.25,00,000/- (Rs.25 lakhs) only as compensation for General Damages like Injury/ loss to reputation as a person, Mental torture and physical agony, Loss in family honor, Legal Assistance/ Legal assistance.
Also, you are required to take disciplinary action against …Wife’s name…..for hiding and giving false information and for lodged false complaint.
That through instant legal notice for defamation, you are hereby advised to pay the above said amount to me within 10 days after the issuance of instant legal notice.
In case you fail to comply with requirements stated above within 10 days from the receipt of this legal notice, please stand advised that I will pursue all possible legal action against you, both civil as well as criminal, in the appropriate court of law, which legal actions shall be solely at your own risk, cost and peril and were only consequences of your lack of application of mind and to protect and safeguard reputation and interests of myself.