Delhi District Court
Cs No.57019/16 vs Union Of India on 20 September, 2016
IN THE COURT OF MS. JASJEET KAUR, CIVIL JUDGEI
NEW DELHI DISTRICT, NEW DELHI
CS No.57019/16
Unique Case ID No.
Arjun Verma
s/o late Tilak Raj Verma
R/o RZ1106B, Street No.11, Sadh Nagar,
Palam Colony, New Delhi110045 ... Plaintiff
Versus
1. Union of India
Through Secretary
Ministry of Defence, South Block,
New Delhi11.
2. Controller General of Defence Accounts
Ulan Batar Road, Delhi Cantt.,
New Delhi10.
3. Mr.Vijay Kumar, IDAS,
Internal Financial Advisor
IFA (Central Command), Lucknow
U.P.
4. Mr.D.K. Sharma, IDAS,
PCDA, Office of the PCDA (R&D)
West Block 5, R.K Puram,
New Delhi66.
5. Mr.S.K Kohli, IDAS
Joint Secretary & Financial Advisor,
Ministry of Water Resources,
New Delhi. ... Defendants
Date of Institution: 17.07.2013
Date of Reserving Judgement: 14.09.2016
Date of Judgement: 20.09.2016
SUIT FOR RECOVERY OF DAMAGES IN THE SUM OF RS.2 LACS (RUPEES TWO
LACS ONLY) IN RESPECT OF DEFAMATION
JUDGEMENT
1. The present suit has been instituted by the plaintiff for recovery of Rs.2,00,000/ CS No.57019/16 1/42 from the defendants alongwith pendentelite and future interest as well as costs of the present suit as damages towards alleged defamation and humiliation of the plaintiff caused by the defendants.
2. The brief facts of the case from the perspective of the plaintiff as discernible from the plaint and documents of the plaintiff are that the plaintiff had joined Indian Army as a gunner in the artillery w.e.f. 08.08.1967 and had taken active part in India Pakistan war of 1971 at Khemkaran Sector. It is the case of the plaintiff that after leaving services of the Indian Army, the plaintiff had joined the office of defendant no.2 Controller General of Defence Accounts as an Upper Division Clerk on 26.10.1974 and was since then working under the directions and control of defendant no.1 Ministry of Defence. It is the case of the plaintiff that the defendants no.3 to 5 are employed at various posts in the office of the defendants no.1 and 2.
3. It is the case of the plaintiff that he was transferred to various offices on various positions under the Ministry of Defence before being transferred to the office of Controller of Defence Accounts Air Force, R.K.Puram, New Delhi where the defendant had discharged duties w.e.f June 2000 to December 2003 and during this period, the plaintiff was promoted from the post of Assistant Accounts Officer to the post of Accounts Officer on 29.12.2003. It has been claimed by the plaintiff that after promotion, he had joined duties as accounts officer in zonal office (Pension) at Delhi Cantonment where while discharging duties under defendant no.3 Vijay Kumar, Joint Controller of Defence Accounts (hereinafter referred to as JCDA), the plaintiff had noted various financial irregularities in claiming reimbursement of telephone bills, transport allowance bills, internet bills and payment of arrears of salaries etc. which were being committed by the defendant no.3 in connivance with the then Accounts Officer Sh.N.K Bhatnagar.
4. It is the case of the plaintiff that when he had pointed out the abovementioned irregularities to the defendant no.3, the defendant no.3 had got irritated with the plaintiff and had issued memos dated 15.07.2005, 18.07.2005 to the plaintiff under the heading 'willful insubordination and disobedience by Mr.Arjun Verma, Accounts Officer' whereby the defendant no.3 had threatened to take disciplinary action against the plaintiff. It is further the case of the plaintiff that he had sent his reply dated 19.7.2015 to the abovementioned memos to Controller of Defence Accounts (Pension Disbursement) Meerut Cantonment wherein he had drawn the attention of his superiors to the financial irregularities including misappropriation of funds as well as forging and tampering of records being committed by the defendant no.3. However, no action was CS No.57019/16 2/42 taken against the defendant no.3 by the senior officers of Controller of Defence Accounts (Pension Disbursement) Meerut Cantonment. It has been claimed by the plaintiff that the defendant no.3 had become further infuriated with the plaintiff due to submission of his abovementioned reply dated 19.07.2015 and had issued another memo dated 20.07.2015 to the plaintiff leveling unnecessary allegations against the plaintiff. Plaintiff has also claimed that he has sent his reply alongwith complaint dated 25.07.2015 to this third memo issued by the defendant no.3 to the defendants no.4 and 2 wherein he had disclosed information pertaining to financial irregularities and unlawful acts being committed by the defendant no.3, as a consequence of which the defendant no.3 had issued two memos dated 25.07.2015 to the plaintiff containing derogatory and humiliating remarks about the character and mental capacity of the plaintiff labeling him as a person suffering from some sort of mental depression and mental disorder who needed immediate psychiatric advice and treatment. It is the case of the plaintiff that vide the said memos, the defendant no.3 had also requested main office of Ministry of Defence to constitute a medical board to assess the mental suitability of the plaintiff to remain in service.
5. It has been claimed by the plaintiff that he had submitted his reply dated 27.07.2005 to the abovementioned humiliating and defamatory memo and upon receipt of the same, the defendant no.3 had asked the plaintiff to go to Dasua for temporary duty. However, when the plaintiff had booked his train tickets and had hired an autorickshaw for going to the railway station, the defendant no.3 had informed him by a message at the last hour about cancellation of temporary duty of the plaintiff, as a consequence of which the plaintiff had sustained a financial loss of Rs.320/ including a sum of Rs. 230/ towards cancellation of his railway tickets and a sum of Rs.90/ towards autorickshaw fare. It is the case of the plaintiff that he had reported the abovementioned matter about assignment of temporary duty and its subsequent cancellation by the defendant no.3 to the defendant no.4. However, thereafter, the defendant no.3 had issued another memo dated 01.08.2005 containing derogatory remarks against the plaintiff. It is further the case of the plaintiff that thereafter, the defendant no.3 had also used very humiliating language against the plaintiff in his letter dated 02.08.2005 alleging therein that the plaintiff gave evidence of sick mind's fertile imagination and thereafter, the plaintiff had made a complaint dated 03.08.2005 to the defendant no.4 about misuse of public money and commission of financial irregularities by the defendant no.3. However, no action was taken by the defendant no.4 on his complaint. It has CS No.57019/16 3/42 been claimed by the plaintiff that he had also made another complaint dated 04.08.2015 to the defendant no.4 explaining therein misappropriation of funds by the defendant no.3 in respect of residential telephone and internet bills. However, the same was never replied to by the defendant no.3.
6. It is the case of the plaintiff that he had never received any response to his requests for initiating inquiry against the defendant no.3 about the alleged misappropriation of funds being committed by the defendant no.3 through filing of claims for reimbursement of dubious TA bills, internet bills and telephone bills etc. It has been claimed by the plaintiff that the defendant no.3 in connivance with accounts officer Mr.NK Bhatnagar had compelled the plaintiff to fix his pay at Rs.15,100/ and had drawn arrears amounting to Rs. 54,588/ wrongfully and thereafter, he had sent a complaint dated 11.11.2005 to the defendant no.1 under the heading 'corruption, fraud and hatching conspiracy against public money under Ministry of Defence explaining therein how the defendant no.3 had been harassing the plaintiff by using derogatory remarks against the plaintiff and threatening him to face dire consequences. However, the defendant no.1 had not taken any action against the defendant no.3. It has been further claimed in the plaint that the plaintiff had also made a complaint dated 14.11.2005 to the Chief Vigilance Officer of Ministry of Defence containing details of fraud committed by the defendant no.3. He has also claimed in the plaint that he had sent a complaint to Sh.Arun Kumar, DIG CBI, Anti Corruption Branch on 07.02.2006 about alleged misappropriation of funds by the defendant no.3. However, no inquiry or investigation had been initiated against the defendant no.3 by CBI and thereafter, although, the plaintiff had submitted his self appraisal to the defendant no.3 for the purpose of writing his annual confidential report, however, since the plaintiff had apprehension that the defendant no.3 would try to spoil his career, therefore, he had sent an advance copy of his self appraisal directly to the defendant no.4.
7. It has been claimed in the plaint that despite being aware of inimical designs of the defendant no.3 against the plaintiff, the Ministry of Defence had appointed defendant no.3 as a reporting officer for assessment of performance of the plaintiff for the year 200506. It has been claimed by the plaintiff that he had also written a complaint dated 13.04.2006 to the Department of Personnel and Training (hereinafter referred to as DoPT) about the frauds committed by the defendant no.3 and had written another complaint dated 28.04.2006 to the defendant no.4 about his alleged harassment by the defendant no.3. It has been claimed in the plaint that thereafter, on CS No.57019/16 4/42 16.05.2006 he had received a communication from the defendant no.1 to the effect that Department of Reforms and Public Grievance was following the case of the plaintiff and would take a decision in three months. However, thereafter, no communication was received by him from the concerned department till the institution of the present suit.
8. It is the case of the plaintiff that he had subsequently made a complaint dated 28.4.2006 against the defendant no.3 to the National Human Rights, which was forwarded by the said commission to the defendant no.1 on 21.08.2006. However, no satisfactory reply was received by him on his complaint and therefore, he had filed an RTI application seeking information from Controller of Defence Accounts (hereinafter referred to as CDA) Pension Disbursement (PD) Meerut Camp on 10.07.2006 and 24.07.2006 but had not received any satisfactory replies on the same. It is the case of the plaintiff that aggrieved by adverse remarks made by the defendant no.3 in his annual confidential report, he had sent a representation to the defendant no.4 on 23.8.2006. However, no action was taken by the defendant no.4 on his representation. It has been claimed by the plaintiff that subsequently, he was posted in the office of JCDA (AF) in the year 2006 where he was given appreciation by the Air Officer Commanding AFCAO on 26.12.2006 for excellent work done in prompt finalization of NE accounts of Air Force personnel. It has been claimed by the plaintiff that on 17.04.2008 he had sought clarification about action taken on his complaints against the defendant no.3 and had come to know that a chargesheet had been issued to the defendant no.3 under Rule 14 of CCS (CCA) Rules, 1965. However, vide the same letter a senior officer of the plaintiff had informed him that he himself would not be promoted to the post of senior accounts officer as he had not been able to meet the prescribed bench mark and therefore, the plaintiff had approached the Hon'ble Central Administrative Tribunal to get expunged adverse remarks from his ACR and vide order dated 03.06.2008, the Hon'ble Central Administrative Tribunal had directed the defendants to promote the plaintiff after treating the ACR in question filled by the defendant no.3 as nonexistent. However, the defendants had failed to comply with the directions given by Hon'ble Central Administrative Tribunal and hence, the plaintiff was compelled to institute a contempt petition. However, the defendants had filed an appeal against the order of Hon'ble Central Administrative Tribunal, which was dismissed by Hon'ble High Court and thereafter, the plaintiff was promoted to the post of senior accounts officer. However, the plaintiff had incurred legal expenses to the tune of Rs.55,000/ in the Hon'ble Central Administrative Tribunal and had learnt through RTI CS No.57019/16 5/42 that the defendants had also incurred expenses to the tune of Rs. 23,000/ in Hon'ble Central Administrative Tribunal.
9. It has been claimed in the plaint that upon seeking information in respect of complaints dated 25.07.2005 and 27.07.2005 through RTI, the plaintiff had been informed vide reply dated 21.09.2010 that a major penalty chargesheet had been issued against the defendant no.3. However, it has been alleged by the plaintiff that the defendant no.5 who had been nominated as the investigating officer in the case of the defendant no.3 had not conducted the investigation properly and had reduced the charges to minor charges and had thereby tried to shield the misdeeds of the defendant no.3. It has been claimed by the plaintiff that despite issuance of a major penalty chargesheet against the defendant no.3, he was promoted from the post of JCDA to Additional CDA and thereafter to the post of CDA and subsequently, to the post of internal financial advisor. It is further the case of the plaintiff that on 09.07.2013, the plaintiff had sought through RTI copies of inflated TA claims, telephone bills and salary pay bills of Mr.N.K Bhatnagar as well as of defendant no.3 Vijay Kumar. However, vide reply dated 19.08.2011, the defendants had claimed that the pay bill of the defendant no.3 in the sum of Rs. 54,388/ was not traceable and thereafter, the plaintiff had filed a complaint to the SHO PS Delhi Cantonment in respect of rampant corruption in defence accounts department as well as in the department of CGDA, Olan Batar Road, Palam Delhi Cantonment after retirement from the service of Ministry of Defence but no action had been taken by the police officials on the aforementioned complaint.
10. It has been further claimed in the plaint that vide RTI application dated 11.04.2013, the plaintiff had sought a copy of chargesheet and investigation report in respect of investigation conducted against the defendant no.3 by the defendant no.5 on the major penalty chargesheet issued to the defendant no.3. However, the said information was withheld by Ministry of Defence on ground that the information related to a disciplinary case, copy of which could not be supplied to any third person u/s 8 (i) (j) of RTI Act, 2005 vide order dated 02.05.2013. It has been claimed by the plaintiff that he had subsequently, filed an appeal against the aforementioned order dated 02.05.2013 on 08.5.2013. However, his appeal against the rejection of his RTI application dated 11.04.2013 was dismissed by the Appellate Authority vide order dated 30.5.2013. The plaintiff has claimed that he had also issued a legal notice dated 27.2.2013 to the defendants seeking damages in respect of mental agony and harassment caused to the plaintiff as well as defamation of the CS No.57019/16 6/42 plaintiff caused by the defendant no.3. However, consequent upon the failure of the defendants to pay damages to the plaintiff in respect of humiliation, mental agony and harassment etc. suffered by him due to the conduct and acts of the defendant no.3, he has instituted the present suit for recovery of a sum of Rs. 2 lacs from the defendants including a sum of Rs. 55000/ as legal expenses incurred by him in proceedings before Hon'ble Central Administrative Tribunal, a sum of Rs.1,30,000/ as damages for mental agony, harassment and humiliation caused to him by the defendants, a sum of Rs.5000/ as correspondence, typing and miscellaneous charges incurred by him in relation to correspondence with the defendants and a sum of Rs.10,000/ as compensation for loss of interest on arrears of salary on account of late promotion.
11. After appearing in response to summons issued by this Court, the defendants had filed written statements wherein they had denied the averments made in the plaint and had claimed that the present suit had been instituted by the plaintiff out of a personal grudge against the defendant no.3 and the plaintiff had failed to mention anywhere in his plaint as to what had entitled him to claim damages from the defendants. Therefore, the suit of the plaintiff had been instituted without any cause of action and was liable to be dismissed under the provisions of Order 7 Rule 11 of CPC. It was claimed by the defendants that even if it was assumed that the plaintiff had incurred expenses in filing original application before the Hon'ble Central Administrative Tribunal. However, the Hon'ble Central Administrative Tribunal had passed the final order in the case of the plaintiff without awarding him any costs towards the expenses incurred by him in proceeding before the Hon'ble Central Administrative Tribunal and therefore, the plaintiff was barred by law from instituting a suit for recovery of costs of proceeding before Hon'ble Central Administrative Tribunal when no cost was awarded to him by Hon'ble Central Administrative Tribunal.
12. It was claimed by the defendants that the prayer clause of the plaint whereby the plaintiff had sought damages from the defendants was not supported by averments of the plaint and the plaintiff had suppressed material facts from this Court. Besides, the supporting affidavits annexed with the plaint had not been properly attested by an Oath Commissioner. On merits, it was submitted by the defendants that the allegations regarding misappropriation of funds and commission of financial irregularities levelled against the defendant no.3 by the plaintiff had been got investigating by the defendant no.4 and after careful examination of the case, a major penalty chargesheet was issued against the defendant no.3. However, during the disciplinary inquiry, the CS No.57019/16 7/42 charges levelled against the defendant no.3 were not proved and the same were dropped vide Controller General of Defence Accounts (hereinafter referred to as CGDA) speaking order no. AN/I/13826/VK dated 07.06.2010. It was claimed by the defendants that they had neither caused any mental, agony or harassment to the plaintiff nor shown any prejudice or bias against him and were therefore not liable to pay damages to the plaintiff. Besides, it was claimed by the defendants that the suit of the plaintiff was barred by limitation.
13. It was claimed in the written statement that the matter regarding assignment of temporary duty to the plaintiff to be performed at DPDO Dasuya and its subsequent cancellation at the last moment was got investigated by the defendant no.4 and the investigation report was forwarded to the defendant no.2 who was the head of the department. However, the plaintiff himself had continued to show indiscipline and insubordination towards his senior officers and mainly towards the defendant no.3. It was claimed by the defendants that the plaintiff was a person, habitual of making false allegations and baseless complaints to various authorities such as Central Vigilance Commission, CBI, National Human Rights Commission, Director of DoPT and SHO of local police station. However, the plaintiff could not prove the allegations made by him in various complaints and was dissatisfied due to which the plaintiff had started further targeting the defendants as well as the other authorities who were entrusted with responsibility of conducting investigation into his complaints with baseless allegations. It was further claimed by the defendants in their written statement that the annual confidential report of any employee is to be written by his immediate superior who acts as the reporting officer and the reporting officer submits the same to his own superior. Accordingly, defendant no.3 Vijay Kumar being the reporting officer of the plaintiff for the year 200506 had written the annual confidential report of the plaintiff, which was reviewed by the defendant no.4 in his capacity as the reviewing officer.
14. It had been claimed by the defendants in the written statement that instead of writing about his work performance in the self appraisal part of his ACR, the plaintiff had resorted to use of the space for leveling allegations against the defendant no.3 and other higher authorities in the Ministry of Defence. It was further claimed by the defendants that the issues of raising a false TA/DA claims, wrong pay fixation and over payment of arrears to the defendant no.3 raised by the plaintiff in his various complaints were got duly investigated by the defendants no.2 and 4 and disciplinary inquiry was initiated against the defendant no.3 under Rule 14 of CCS (CCA) Rules, CS No.57019/16 8/42 1965. It was claimed by the defendants that the information sought by the plaintiff under RTI vide his application was duly supplied to him as per procedure and the Central Public Information Officer (hereinafter referred to as 'CPIO') had not tried to shield the defendant no.3 by withholding any information from the plaintiff. It was claimed by the defendants in their written statements that the representation of the plaintiff dated 23.08.2006 against the adverse remarks made by the defendant no.3 in the ACR of the plaintiff was duly considered by the competent authority who had come to the conclusion that the plaintiff had failed to furnish any specific reply to the remarks mentioned in his ACR warranting expunction of the same and the decision of the competent authority was conveyed to the plaintiff vide letter dated 27.4.2007.
15. It was claimed by the defendants that the plaintiff's allegation about subsequent change of remarks in the ACR of the defendant no.3 to 'very good' were wrong and misconceived because the ACR of the defendant no.3 was upgraded by a competent authority on the basis of representation made by the defendant no.3. It was claimed by the defendants that the first promotion of the defendant no.3 from the post of JCDA to additional CDA was given to the defendant no.3 on 01.01.2007 before issuance of the chargesheet to him and his subsequent promotion from the post of additional CDA to CDA was granted to him on 01.07.2011 after closure of the disciplinary proceedings against him vide CGDA order bearing no. ANI/1382/VK dated 07.6.2010. Therefore, there was no violation of procedure by the defendants and the defendants had not promoted the defendant no.3 during pendency of disciplinary proceedings against him. It was claimed by the defendants that information sought by the plaintiff through his RTI application dated 11.04.2013 was rejected by CPIO vide its order dated 08.05.2013 and the appeal against the said order was also rejected by the appellate authority on 30.05.2013. However, the plaintiff himself had failed to approach higher authorities for challenging the order of the appellate authority on his RTI application. The defendants had claimed to have replied to the legal notice of the plaintiff vide their reply dated 28.05.2013 sent to the advocate of the plaintiff as well as to the plaintiff himself vide letter no. AN1/1381/ legal notice / arjun verma dated 27.05.2013.
16. Plaintiff had filed a replication to the written statement of all the defendants wherein, he had denied all the averments made in the written statement of the defendants and had reiterated and reaffirmed the averments made in the plaint.
17. On the basis of pleadings of parties two issues were framed by ld. Predecessor CS No.57019/16 9/42 court vide order dated 07.02.2014. Besides, one additional issue was framed vide order dated 18.12.2014 on an application under Order 14 Rule 5 of CPC moved on behalf of the defendants. The three issues framed in the present suit are reproduced below:
1. Whether the suit has been filed without any cause of action? OPD.
2. Whether the plaintiff has suffered mental agony, harassment and incurred financial losses due to acts of the defendants? If yes, is he entitled to damages of Rs.2 lacs? OPP. 2A. Whether the present suit is barred by limitation? OPD.
3. Relief.
18. After the framing of issues, an opportunity was given to the plaintiff and the defendants to prove their respective versions of the case by leading evidence in support of the same. Plaintiff examined himself as PW1 and deposed by way of affidavit Ex.PW1/A wherein he had reiterated the contents narrated in the plaint. PW1 had relied upon following documents in support of his case including:
(i) Copy of letter of promotion of the plaintiff from the post of assistant accounts officer to accounts officer dated 19.01.2004 Ex./P/1.
(ii) Copy of letter of clarification written by the plaintiff to the office of Controller of Defence Accounts (Pension Disbursement) [hereinafter referred to as CDA (PD)] Meerut Cantt in response to queries of Mr.Hari Singh, an Additional Controller of Defence Accounts (hereinafter referred to as ACDA)(AN) regarding plaintiff's allegation about misuse of his official position by the defendant no.3 dated 15.07.2005 Mark A.
(iii) Copy of memo dated 18.07.2005 bearing heading 'willful insubordination and disobedience by Mr.Ajun Verma, AO' issued to the plaintiff by the defendant no.3 Ex./P/2.
(iv) Reply of the plaintiff dated 19.07.2005 to the abovementioned memo explaining financial irregularities and tampering of records committed by the defendant no.3 sent by the plaintiff to CDA (PD) Meerut Cantt Mark B.
(v) Copy of memo dated 20.07.2005 issued by the defendant no.3 to the plaintiff Ex./P/3.
(vi) Copy of complaint dated 25.7.2005 vide which the plaintiff had replied to the memo issued by the defendant no.3 and had highlighted financial irregularities and unlawful action of the defendant no.3 before the concerned authorities including the defendants no.2 and 4 Mark C.
(vii) First warning lettercummemo dated 25.07.2005 issued by the defendant no.3 to the plaintiff with copies to Sh.Hari Singh, ACDA(AN) CDA(PD) Meerut Cantt and to ANI Section ZO(PD) Delhi containing allegations that the plaintiff was suffering from mental depression and mental disorder and needed immediate psychiatric advice and treatment Ex./P/4.
(viii) Reply dated 27.7.2005 Ex./P/5 written by the plaintiff to the aforementioned warning lettercum memo dated 25.07.2005 wherein the plaintiff had once again explained financial irregularities being committed by the defendant no.3.
(ix) Copy of representation dated 01.08.2005 sent by the plaintiff to the defendant no.4 about assignment of temporary duty to the plaintiff at Dasua and its cancellation at the last moment Ex./P/6.
CS No.57019/16 10/42(x) Copy of second warning lettercummemo dated 01.08.2005 issued by the defendant no.3 to the plaintiff Ex./P/7 whereby the defendant no.3 had warned the plaintiff about his conduct of levelling innovative allegation against the defendant no.3 which according to the defendant no.3 were proof of the fertile imagination of the plaintiff's sick mind.
(xi) Copy of explanation dated 01.08.2005 sent by the plaintiff to the defendant no.3 in response to abovementioned second warning lettercum memo dated 01.08.2005 Ex./P/8.
(xii) Copy of third warning letter dated 02.08.2005 written by the defendant no.3 to the plaintiff Ex./P/9 whereby the defendant no.3 had used derogatory remarks against the plaintiff by claiming therein that the plaintiff gave evidence of sick mind's fertile imagination.
(xiii) Copy of complaint dated 03.08.2005 made by the plaintiff to the office of CDA (PD) Meerut Cantonment Ex./P/10A wherein the plaintiff had levelled allegations of drawing of Rs.650/ as travel allowance by the defendant no.3 despite not being entitled to the same.
(xiv) Copy of letter dated 03.08.2005 Ex./P/10B whereby the defendant no.3 had informed the plaintiff about the reasons for cancellation of his temporary duty.
(xv) Copy of complaint dated 04.08.2005 made by the plaintiff to the defendant no.4 containing allegations about submission of inflated claims for reimbursement of the residential telephone and internet bills of the defendant no.3 Ex./P/11.
(xvi) Complaint dated 11.11.2005 made by the plaintiff to the defendant no.1 alleging harassment by the defendant no.3 under the title of "corruption, fraud and hatching conspiracy against public money under Ministry of Defence" Ex./P/12.
(xvii) Complaint dated 07.02.2006 made by the plaintiff to Sh.Arun Kumar, DIG, Anti Corruption Branch of CBI against the defendant no.3 Ex./P/13.
(xviii) Copy of covering letter dated 03.04.2006 whereby the plaintiff had sent a copy of his self appraisal to the defendant no.4 on 03.04.2006 Ex./P/14.
(xix) Copy of ACR containing assessment of the performance of the plaintiff by the defendant no.3 for the year 200506 Mark E. (xx) Copy of letter dated 13.04.2006 Ex./P/15 whereby the plaintiff had made a complaint about misappropriation of funds by the defendant no.3 to the Director of DoPT.
(xxi) Copy of complaint dated 28.04.2006 written by the plaintiff to the defendant no.4 Ex./P/16 whereby the plaintiff had informed defendant no.4 about alleged torture and harassment of the plaintiff by the defendant no.3.
(xxii) Reply dated 16.05.2006 written by the defendant no.1 to the plaintiff Ex./P/17 whereby the defendant no.1 had informed the plaintiff that the complaint of the plaintiff was being investigated by Department of Administrative Reforms and Public Grievances, which was likely to take a decision on the plaintiff's complaint within three months.
(xxiii) Copy of complaint dated 28.04.2006 written by the plaintiff to National Human Rights Commission alongwith forwarding letter of the said complaint Mark F. (xxiv) Copy of letter dated 21.07.2006 Ex./P/18 whereby the Assistant Registrar Law in the office of National Human Rights Commission had informed the plaintiff that his complaint had been forwarded to the Secretary, Ministry of Defence for necessary action.
(xxv) RTI application dated 10.07.2006 whereby the plaintiff had sought information about the action taken on his complaints from CDA(PD) Meerut Cantt. on 10.07.2006 Mark G. (xxvi) RTI application dated 24.07.2006 whereby the plaintiff had sought information about the action taken on his complaints from CDA(PD) Meerut Cantt. on 10.07.2006 Mark G1. (xxvii) Copy of reply given by the defendant no.4 to the appeal filed by the plaintiff to CPIO under CS No.57019/16 11/42 RTI Act on 24.7.2006 Ex./P/19.
(xxviii) Copy of reply dated 01.08.2006 received by the plaintiff from the defendant no.2 about adverse remarks made in his ACR by the defendant no.3 Ex./P/20.
(xxix) Copy of representation made by the plaintiff to the defendant no.4 on 23.08.2006 about adverse remarks in his ACR Ex./P/21.
(xxx) Copy of letter of appreciation dated 26.12.2006 Ex./P/22 whereby the then Air Officer Commanding in the o/o JCDA (AF) had appreciated the excellent performance of the plaintiff Ex./P/22.
(xxxi) Copy of RTI dated 17.04.2008 whereby the plaintiff had sought information as to whether Sh. Vijay Kumar had been served with any chargesheet under Rules 14 & 16 of CCS Rules, 1965 or not Mark H. (xxxii) Copy of reply dated 06.05.2008 received by the plaintiff on his RTI application dated 17.04.2008 Ex./P/23 whereby the plaintiff had been informed that chargesheet had been issued to the defendant no.3 Vijay Kumar under Rule 14 of CCS CCA Rules and the plaintiff himself would not be promoted to the post of Senior Accounts Officer as his name had not been recommended by his superiors.
(xxxiii) Copy of order of Hon'ble Central Administrative Tribunal dated 02.06.2008 Mark I directing the defendants to expunge adverse remarks made against the plaintiff in his ACR. (xxxiv) Copy of order dated 16.01.2009 passed by the CGDA for the purpose of granting promotion to the plaintiff to the post of Senior Accounts Officer pursuant to the orders passed by Hon'ble High Court of Delhi for grant of promotion to the plaintiff Ex./P/24.
(xxxv) Copy of reply dated 31.03.2009 regarding expenses incurred by the defendants for defending the case before Hon'ble CAT and Hon'ble High Court of Delhi Ex./P/25 wherein the defendants had shown that they had incurred expenses amounting to Rs.22,000/ in litigations with the plaintiff at Hon'ble CAT and Hon'ble High Court of Delhi.
(xxxvi) Copy of reply dated 21.10.2009 to the RTI application of the plaintiff by the defendant no.4 whereby the defendant no.4 had informed the plaintiff that the inquiry report in respect of disciplinary inquiry conducted against the defendant no.3 on the major penalty chargesheet issued to the defendant no.3 had been submitted to the disciplinary authority but had refused to provide further information to the plaintiff on action taken against the defendant no.3 in terms of section 8(i) of the RTI Act, 2005 Ex./P/26.
(xxxvii) Copy of order dated 04.10.2010 whereby Senior ACGDA Administration in the office of Controller General of Defence Accounts had enhanced the ACR grading of the defendant no.3 for the year 20052006 from good to very good.
(xxxviii) Copy of ACRs of the defendant no.3 and Accounts Officer Mr. NK Bhatnagar for the year 200506 Marks J and K respectively.
(xxxix) Copy of RTI application dated 09.07.2011 Mark L whereby the plaintiff had sought photocopies of TA claims of accounts officer NK Bhatnagar and defendant no.3 Vijay Kumar as well as their telephone bills and salary pay bills etc. from CPIU/CGDA.
(xxxx) Copy of reply dated 19.8.2011 to the RTI application dated 09.07.2011 whereby CPIO had informed the plaintiff that the pay bill of the defendant no.3 in the sum of Rs. 54,388/ was not traceable and the rest of the information regarding TA bills and telephone bills of Mr.NK Bhatnagar, accounts officer and defendant no.3 Vijay Kumar had been provided to the plaintiff by CPIO Mark M. (xxxxi) Copy of complaint dated 13.06.2012 made by the plaintiff to the SHO Mark N whereby the CS No.57019/16 12/42 plaintiff had levelled allegations of corruption against the Defence Accounts department and Department of CGDA.
(xxxxii) Copy of RTI application dated 11.04.2013 whereby the plaintiff had sought information on the chargesheets served to the defendant no.3 and investigation report of inquiry conducted against the defendant no.3 by the defendant no.5, which was denied by the CPIO as the information pertained to a disciplinary case and could not be provided in terms of provisions of section 8(i) and (j) of RTI Act Mark O. (xxxxiii) Copy of ACR of defendant no.4 DK Sharma for the year 200506 Mark O. (xxxxiv) Copy of order dated 02.05.2013 passed by the CPIO and order dated 30.05.2013 passed by the Appellate Authority on the RTI application moved by the plaintiff on 11.04.2013 Ex./P/28 whereby the concerned CPIO and Appellate Authority under the RTI act had refused to provide information sought by the plaintiff.
(xxxxv) Legal notice dated 27.2.2013 Ex./P/29 whereby the plaintiff had called upon the defendants to pay a sum of Rs. 2 lacs to him as compensation for mental agony, harassment, humiliation caused to him by the defendants, legal expenses for filing OA in Hon'ble Central Administrative Tribunal, typing and miscellaneous expenses as well as compensation for loss of interest suffered by him on account of delay in his promotion.
19. In his cross examination by Sh.G.D Sharma, learned counsel for the defendants, PW1 deposed that he had come under the subordination of the defendant no.3 in May 2004. He claimed that he had filed details of financial irregularities noticed by him in his department vide document faxed on 19.07.2005 and had sent a report Mark B in respect of the same to the senior accounts officer of his department, Sh. S.D. Sharma, posted at CDA(PD) Meerut Cantonment in response to which the defendant no.3 had also written a letter to Sh.Hari Singh, ACBA (AN) CDA(PD) Meerut Cantonment casting aspersions on the mental capacity of the plaintiff to discharge his official duties. He clarified that the defendants no.3 and Mr.NK Bhatnagar, accounts officer of his department used to go together for performing temporary duties in a single vehicle. However, they used to claim bills for two vehicles and were thereby misappropriating funds of their department. He claimed that although a disciplinary inquiry had been conducted against the defendant no.3. However, the defendant no.3 had got himself exonerated of all charges levelled against the defendant no.3 by manipulation. He, however, expressed his inability to tell the details of manipulations by which the defendant no.3 had got himself exonerated. He clarified that on instructions of the defendant no.3, he had fixed the pay of the defendant no.3 in the scale of Rs. 15,100/ and had prepared a cheque in the sum of Rs. 54,588/ towards the arrears of salary of the defendant no.3. However, on the next day, a letter was received from Meerut office of his department whereby they had been informed that the pay of the defendant no.3 had been fixed at CS No.57019/16 13/42 Rs. 14,700/ and he had accordingly informed Mr.Hari Singh vide his letter dated 15.07.2005 about wrong fixation of pay of the defendant no.3. He further clarified that Mr.Hari Singh had in turn directed him to recover the excess amount paid to the defendant no.3. He claimed that no action had been taken by various authorities such as Ministry of Defence, DIG CBI and SHO PS Delhi Cantt on his various complaints regarding financial irregularities being committed by the defendant no.3 in the department of Defence Accounts. He deposed that as mentioned in para 14 of his affidavit, the defendant no.3 had written a letter Ex./P/4 requesting the main office to form a medical board for getting conducted an assessment of the plaintiff's mental capacity. However, no such board was constituted by the main office. He deposed that verbal threats claimed to have been extended to him by the defendant no.3 in para 14 of his affidavit were extended in the presence of Mr.Vidyanathan, an administrative officer of his office. He, however, clarified that he did not wish to examine Mr.Vidyanathan in support of his case as Mr.Vidyanathan was a retired officer settled in Thiruvendrum and would probably not be interested in deposing in this Court. He expressed his inability to name his juniors and counter parts in whose eyes his reputation had been lowered by the questions raised by the defendant no.3 to disrepute him. He clarified that his temporary duty to Dasua Punjab was cancelled 24 hours before the journey time and therefore, he had handed over his railway ticket for cancellation to his office peon Mr.Dharmender and since the said ticket was in the joint name of PW1 himself as well as in the name of the defendant no.3, therefore, he was not in a position to produce the canceled ticket as Mr.Dharmender would probably have handed over the same to the defendant no.3 after cancellation of his PW1's ticket. He further deposed that since the TA/DA bills of the defendant no.3 were supposed to be passed from the main office at Meerut and the TA/DA bills of Mr.NK Bhatnagar were supposed to be passed from Delhi office, therefore, the double payments being claimed by the defendant no.3 and Mr.NK Bhatnagar in respect of the same bills were never detected. He admitted that he had never inquired from Central Vigilance officer and DIG CBI about the action taken on his complaints Mark D Ex./P/12 and Ex./P/13. He deposed that he had filed on court record the letters issued to him containing humiliating and derogatory remarks against him. He admitted that final order passed in his favour by Hon'ble Central Administrative Tribunal was without cost against the department, that is, the defendants herein. He denied the suggestion that he had filed the present suit with a view to harass the defendants and to grab money from them.
CS No.57019/16 14/4220. After the plaintiff closed his evidence, an opportunity was given to the defendants to prove the defence versions of the case by leading evidence in support of the same. The defendants had examined one witness i.e. defendant no. 3 Vijay Kumar in their defence. Defendant no. 3 Vijay Kumar deposed by way of affidavit Ex. DW1/A wherein he had reiterated and reaffirmed the averments made in the written statement. DW1 had relied upon following documents in support of the case of the defendants :
(i) Letter dated 15.07.2005 sent by the office of CDA (PD) Meerut cantonment to defendant no.3 Annexure P/2A seeking comments of the defendant no.3 on excess payment of Rs.6776/ drawn by the defendant no.3 as arrears of pay on account of promotion to selection Grade JAG.
(ii) Copy of decision of Central Information Commission dated 13.03.2013 on the RTI Application of plaintiff Ex. DW1/1 whereby the appeal of the plaintiff against the order of Central Public Information officer had been dismissed on the ground that the requisite information had already been supplied to the plaintiff.
(iii) The decision of competent authority on plaintiff's request for getting expunged adverse remarks in his ACR conveyed to plaintiff vide letter dated 24.04.2007 Ex.DW1/2 whereby the competent authority, that is, Sr.Deputy CGDA in the office of the defendants had refused to expunge the adverse remarks in the ACR of the plaintiff.
(iv) Copy of order dated 07.06.2010 Ex.DW1/3 whereby the disciplinary proceedings against the defendant no. 3 had been closed.
(v) Reply of the defendants dated 27.02.2013 to the legal notice of plaintiff dated 28.05.2013 Ex.DW1/4 whereby the defendants had claimed that they were not liable to pay sum of Rs.two lacs to the plaintiff as compensation or damages for alleged humiliation and harassment of the plaintiff.
(vi) Reply of the defendant no.2 dated 27.02.2013 to the legal notice of the plaintiff dated 28.05.2013 Ex.DW1/5 whereby the defendant no.2 had denied his liability to pay sum of Rs.two lacs to the plaintiff as compensation or damages for alleged humiliation and harassment of the plaintiff.
21. In his cross examination by Sh. B.S. Verma, learned counsel for the plaintiff, DW1 Vijay Kumar deposed that he had not asked the plaintiff to fix his pay before receiving pay fixation order from CDA (PD) Meerut cantonment and had merely directed the plaintiff to calculate the amount due to him as arrears of pay upon his promotion out of curiosity. He denied the suggestion that his supplementary pay fixation bill had been counter signed by himself and claimed that the said bill had been prepared by the plaintiff being the Incharge of Pay and TA /DA Section. He further deposed that the plaintiff had committed a mistake in preparation of his (DW1 Sh.Vijay Kumar's) arrears of pay and when the actual order was received from CDA (PD) Meerut cantonment it was revealed that plaintiff had calculated the arrears of pay of DW1 wrongly. DW1 admitted that a major penalty chargesheet was issued to him on the basis of complaint of the CS No.57019/16 15/42 plaintiff. He however, claimed that all the complaints made against him by the plaintiff were found to be false and he was exonerated of all the charges leveled against him. He deposed that he was not suspended from service on issuance of the major penalty chargesheet against him. He denied the suggestion that suspension from service was mandatory as per CCS/CCA rules in case of issuance of a major penalty chargesheet against any employee. He clarified that he had used remarks against the plaintiff casting aspersion on the mental capacity of the plaintiff by expressing an opinion that the plaintiff appeared to be a person suffering from depression and mental disorder who needed immediate psychiatric advice and had also requested the main office to constitute a medical board for the purpose of assessment of mental suitability of the plaintiff to remain in service in Ex. P4 on the basis of contents of various letters and applications written against him by the plaintiff to various authorities including CDA (PD) Meerut cantonment. He voluntarily stated that on one occasion he had reprimanded the plaintiff and other staff of TA/DA Section for not maintaining any Pay Fixation Book and due to this reason, the plaintiff had started writing various letters to various authorities containing false allegations against him and on account of this conduct of the plaintiff of making false allegations against him, he himself had felt compelled to write to the senior authorities the remarks in Ex. P4 about the mental suitability of the plaintiff to remain in service.
22. He denied the suggestion that the plaintiff had exposed his misdeeds including misappropriation of funds by him and that is why he had used derogatory remarks against the plaintiff in Ex.P4. He further denied the suggestion that he had deliberately concealed the disputed pay bill vide which he had got his pay fixed from the plaintiff prior to receipt of order from CDA (PD) Meerut cantonment. He deposed that he had made not any complaint against the plaintiff to any authority as he himself was busy in submitting replies to the complaints made by the plaintiff against him. He deposed that the plaintiff always used to fail in substantiating the allegation made against him and thereafter, he had issued a warning to the plaintiff. He clarified that since 2005 he was not in contact with the plaintiff although the plaintiff still used to write complaints against him (DW3). He denied that he had malafidely below graded the plaintiff in the plaintiff's ACR for the year 20052006 and clarified that in the self appraisal for the year 20052006 plaintiff had merely abused him and had not disclosed his own achievements for the said year and therefore, he himself had felt compelled to write a negative report in the ACR of the plaintiff. However, he claimed CS No.57019/16 16/42 that CDA (PD) Meerut cantonment had finally given a good grade to the plaintiff. He expressed his inability to tell whether the promotion of the plaintiff had been withheld because of his report below grading the plaintiff in the year 20052006 or not and deposed that for the purpose of promotion ACRs of last five years of any employee were supposed to be considered. He admitted that in the order of Hon'ble CAT, it had been observed that the plaintiff had a very good grading in his ACR for the last seven years and the remarks made by himself as the reporting officer of the plaintiff for the year 20052006 had been expunged. He denied the suggestion that due to malafide remarks made by him in the ACR of the plaintiff the government had to spend a sum of Rs. 25,000/ approximately in defending the case filed by the plaintiff before the Hon'ble Central Administrative Tribunal as well as in pursuing the appeal against the order of the Hon'ble Central Administrative Tribunal filed by the defendants in the Hon'ble High Court of Delhi. He deposed that he himself was below graded in his ACR mark J due to complaints made by the plaintiff against him, however, his ACR was subsequently upgraded to very good after he had been exonerated of all the charges levelled against him in his departmental inquiry. He denied the suggestion that he had influenced higher authorities and the inquiry officers who were off his cadre being IDAS officers and he had prevailed upon the said higher authorities for the purpose of getting his ACR upgraded. He clarified that the inquiry conducted against an IDAS officer was supposed to be approved by the Defence Minister and not by the senior IDAS officer of his cadre. He deposed that since the year 2005 he was not in touch with the plaintiff and had not compelled the plaintiff to make any complaint against him therefore, he was not in anyway responsible for the expenses incurred by the plaintiff in pursuing various complaints against him. He deposed that the plaintiff had caused more harm to his reputation than he himself had caused to the reputation of the plaintiff.
23. He further deposed that the inquiry against him in respect of charges leveled by the plaintiff was completed in three years and during the said period he himself was not promoted to the senior administrative grade level post and had lost his seniority by one year. He clarified that upon issuance of major penalty charges against him in the year 2007 he was transferred from the place of his posting whereas the plaintiff had already been transferred from Delhi Cantonment Zonal office in the year 2005 itself. He deposed that whenever the plaintiff had made any complaint against him a preliminary inquiry was generally conducted against him by defendant no.4 to verify the facts and allegations leveled against him in the complaint of the plaintiff, however, no charge CS No.57019/16 17/42 sheet or warning was issued to him on these occasions. He denied the suggestion that he used to influence defendant no. 4 during preliminary inquiry so as to ensure that no warning or charge sheet was ever issued to him. He clarified that the temporary duty assigned by him to the plaintiff at defence pension disbursement office Dasua Punjab had to be cancelled at about 03.20 pm due to some departmental exigency and the plaintiff's train to Dasua was scheduled to depart at 08.00 or 09.00 pm, therefore, there was no need for the plaintiff to go to Railway station at 03.20 pm itself and the plaintiff was also entitled to get reimbursement of ticket cancellation charges deducted by Indian Railway on the cancellation of the railway ticket issued in the name of plaintiff. However, instead of claiming reimbursement of cancellation charges for cancellation of his railway ticket, the plaintiff had deliberately made a complaint against him (defendant no.3 Vijay Kumar) alleging therein that he had been harassing the plaintiff. He denied the suggestion that he had not incurred any financial loses due to departmental inquiry conducted against him and clarified that he was not promoted during the period when the said inquiry in progress. He admitted that the contents of the chargesheet served upon him containing an averment that he had displayed conduct unbecoming of a government servant and therefore, he had contravened the provisions contained in Rule 3 {I}
(ii) (iii) of CCS Conduct Rules. He clarified that he was exonerated by the inquiry officer vide inquiry report dated 16.10.2008 and thereafter the case against him was closed by the President of India on 07.06.2010. He clarified that his batchmates were promoted in April 2010 whereas he himself had been promoted in July 2011 and thus, he had lost his seniority by one year and had incurred financial loses on account of late promotion.
24. DW1 Vijay Kumar produced the inquiry report dated 16.10.2008 Ex. DW1/6 and the order pertaining to his promotion dated 28.06.2011 Ex.DW1/7 respectively. He also produced complete record of statements of witnesses recorded during his departmental inquiry Ex.DW1/8. He denied the suggestion that his promotion from the post of additional CDA to the post of CDA given to him with effect from 28.06.2011 was a timely promotion and claimed that the same was a delayed promotion as he was promoted with his juniors. On being confronted with cancelled cheque bearing no. 222149 dated 10.05.2005 drawn on SBI Delhi Cantonment, DW1 denied the suggestion that he had got the said cheque prepared from plaintiff as arrears of pay. He denied the suggestion that a bill for arrears of his salary was prepared by the plaintiff under his instructions or that he had torn the said bill which had allegedly gone missing from the records of his department.
CS No.57019/16 18/42He denied the suggestion that he had deliberately not produced the statement of witnesses named in the list dated 08.10.2005 contained at page no. 64 of Ex. DW1/8 as the said witnesses, namely, plaintiff Arjun Verma, Sh. Vijay Pal Singh, S.A., Shri Krishan Kumar A.A.O., Sh. Anoop Singh S.A., Sh. R. K. Singh S.O. and Sh. Rajiv Kumar, Auditor had deposed against him in the departmental inquiry. He denied the suggestion that he had not produced TA/DA claims of himself dated 17.03.2005 and 22.03.2005 as well as TA/DA bills of Sh. N. K. Bhatnagar dated 31.03.2005 as the said bills were places of crucial evidence against him in the inquiry. He denied the suggestion that he had made false remarks against the plaintiff as well as the wife and daughter of the plaintiff in sub para F at page no. 97 of the departmental inquiry report Ex. DW1/A with a view to humiliate the plaintiff.
25. After the defendants closed their evidence, final arguments were heard from Sh.B.S. Verma, learned counsel for plaintiff and Sh.BC Bhatt, learned counsel for defendants on 14.09.2016.
26. Learned counsel for the plaintiff has argued that plaintiff has proved his case against the defendant by examining himself as PW1 as well as by relying upon documents Ex. P1 to P29 and mark A to O. Ld. Counsel for plaintiff has further argued that by relying upon warning letters Ex./P/4, Ex./P/7 and Ex./P/9 as well as his ACR Mark E, it has been proved by the plaintiff that defendant no. 3 had made adverse and humiliating remarks about the mental capacity of the plaintiff due to which the promotion of the plaintiff was withheld and his reputation was lowered in the eyes of his colleagues and juniors. Besides, it has been submitted by the ld.counsel for the plaintiff that by relying upon the order of Hon'ble CAT and High Court of Delhi, the plaintiff had managed to prove that he had to file an Original Application (OA) before the Hon'ble Central Administrative Tribunal for getting adverse remarks expunged from his ACR Mark E and he had incurred expenses to the tune of Rs. 55,000/ in litigation before the Hon'ble Central Administrative Tribunal as well as before the Hon'ble High Court of Delhi. Moreover, Ld. Counsel for plaintiff has also argued that the plaintiff had additionally incurred a sum of Rs. 15,000/ as expenses on correspondence and typing etc. and had suffered damages to the tune of an additional sum of Rs.10,000/ towards the interest lost by him on arrears of his pay due to late promotion. Thus, it has been argued by ld.counsel for the plaintiff that the plaintiff is entitled to a decree in a sum of Rs. two lakh against the defendants comprising of a sum of Rs.55,000/ as legal expenses and another CS No.57019/16 19/42 sum of Rs. 1,30,000/ as damages for mental agony harassment and humiliation caused to him by the defendants as well as a sum of Rs. 5,000/ as correspondence, typing and miscellaneous expenses and additionally, a sum of Rs.10,000/ as damages on account of loss of interest on arrears of pay due to late promotion.
27. Learned counsel for the defendants has on the other hand argued that the plaintiff is not entitled to any compensation from the defendants as the plaintiff had voluntarily made several complaints against the defendant no. 3 to various authorities on which the plaintiff had willfully incurred typing, correspondence and miscellaneous charges. Besides, the plaintiff had made numerous allegations against defendant no. 3 in his self appraisal for the year 20052006 and this conduct of the plaintiff had compelled defendant no. 3 Vijay Kumar to make adverse remarks about the mental capacity of the plaintiff in the ACR of the plaintiff. In these circumstances, the defendant no.3 can not be held responsible of having deliberately maligned the reputation of the plaintiff or of causing any mental agony or harassment to the plaintiff. Ld. Counsel for defendants has further argued that the order of Hon'ble Central Administrative Tribunal passed in favour of the plaintiff whereby the adverse remarks made by the defendant no.3 in the ACR of the plaintiff had been expunged does not contain any stipulation to the effect that the plaintiff was entitled to cost of litigation and in these circumstances, this court can not award any cost of litigation to the plaintiff in respect of the litigation pursued before another competent authority i.e. Hon'ble Central Administrative Tribunal which had chosen not to award any expenses or costs to the plaintiff.
28. I have considered the rival submissions of learned counsel for the plaintiff and learned counsel for the defendant no.2 and have perused the entire evidence led by the parties in support of their respective versions of the case. My issuewise findings based on my appreciation of evidence led by the parties are reproduced below:
ISSUEWISE FINDINGS Issue No. 1 Whether the suit has been filed without any cause of action? OPD
29. The onus of proving this issue was on the defendants. The defendants have examined DW1 Vijay Kumar and relied upon documents Ex.DW/1/1 to Ex. DW1/8 in support of their claim that the present suit has been instituted by the plaintiff without any cause of action. It has been claimed by the defendants that the plaintiff had himself made several malafide complaints CS No.57019/16 20/42 against defendant number 3 alleging therein that DW1 Vijay Kumar has been misappropriating the funds of the department of defence account, Ministry of Defence due to which the plaintiff had incurred certain expenses on typing correspondence and other miscellaneous items. Moreover, it has been claimed by the defendants that as compared to the harm caused by the defendant no.3 to the reputation of the plaintiff, the plaintiff himself had caused more harm to defendant no.3 Vijay Kumar by making various complaints against him to different authorities and getting initiated a departmental inquiry against the defendant number 3 due to which the promotion of defendant number 3 had been withheld for a period of one year and therefore, the plaintiff had no cause of action against any of the defendants including defendant number 3. On the contrary, the defendant number 3 had himself been unduly harassed and humiliated due to the acts of the plaintiff and it was the defendant number 3 who deserved to be compensated by the plaintiff.
30. I have considered the above submissions of ld.counsel for the defendants. In this context, it is pertinent to note that neither the defendant number 3 nor any other defendant has filed any counter claim against the plaintiff for the purpose of seeking damages or compensation from the plaintiff. Also, a perusal of court record shows that plaintiff has examined himself and relied upon documents Ex.P/1 to Ex.P/29 and mark A to O in support of his claim that he had been humiliated and harassed by defendant number 3 Vijay Kumar and was entitled to damages in the sum of Rs. 2 lacs from all the five defendants including a sum of Rs. 1,30,000/ in respect of his alleged harassment and humiliation by the defendant number 3, another sum of Rs. 55000/ as legal expenses, another sum of Rs. 5000/ as typing correspondence and miscellaneous expenses and another sum of Rs.10000/ as damages for loss of interest on arrears of pay on account of late promotion.
31. A perusal of the documents relied upon by the plaintiff in support of his claim for damages shows that in the annual confidential report of the plaintiff Mark E, the defendant number 3 had made certain adverse remarks about the mental capacity and behaviour of the plaintiff and had below graded him in his ACR Mark E. The said adverse remarks have been made in following words: "I do not agree even a word which are recorded under Part II Self Appraisal which is highly prejudice, irrational and irrelevant and gives the impression of stray thinking. ... because of his abusive behaviour his relations with his colleagues, superiors and subordinates is not cordial including public relation... Yes, he has been issued three recorded warnings for indulging in prejudicial and unbecoming of a government servant activities, misconduct and indifference to work. Reaction of the officer is more CS No.57019/16 21/42 venomous towards his seniors."
32. Besides, the defendant no.3 had also made defamatory remarks against the character, conduct and mental capacity of the plaintiff in first warning lettercummemo dated 25.07.2005 Ex./P/4 served by him upon the plaintiff. The said adverse remarks are reproduced below: "as could ve observed from content and facts that Mr.Arjun Verma, AO is suffering from some sort of mental depression and mental disorder and needs immediately some psychiatric advice. M.O. is requested to form a medical board to assess the mental suitability of the officer to retain in the service."
33. From a perusal of the abovecited remarks made by the defendant no.3 in the ACR Mark E and first warning letter Ex./P/4, it is evident that defamatory allegations had been levelled against the plaintiff by the defendant no.3 by labeling him as a person suffering from mental disorder whose suitability to remain in service was required to be assessed by a medical board. Therefore, it cannot be concluded that the plaintiff has no cause of action to institute the present suit. In this context, it has been time and again observed by various Courts that a cause of action to institute a suit is a bundle of facts, which confer the right upon a party to sue the other party.
34. The meaning of expression "cause of action" has been duly explained by the Hon'ble Supreme Court of India in the case of Rajasthan High Court Advocates Union VS Union of India 2001 (2) SCC 294: AIR 2001 SC 416 wherein the Hon'ble Supreme Court of India had observed that the expression cause of action in its restricted sense was used to refer to the circumstances forming infraction of the right of a party or the immediate occasion for the action. Whereas in its wider sense, the term cause of action was used to describe every fact which would be necessary for the plaintiff to prove in order to support his right to a judgement in his favour from a court of law. Relevant extract of observation made in the case of Rajasthan High Court Advocates Union VS Union of India (Supra) are note in this case and are reproduced below: The expression cause of action has acquired a judicially settled meaning. In the restricted sense cause of action means the circumstances forming the infraction of the right or the immediate occasion for the action. In the wider sense it means the necessary conditions for the maintenance of the suit, including not only the infraction of the right, but the infraction coupled with the right itself. Compendiously the expression means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. Every fact which is necessary to be proved, as distinguished from every piece of evidence which is necessary to prove each fact, comprises in cause of action. It has to be left to be determined in each individual case as to where the cause of action arises. The Chief Justice of the High court has not been conferred with the legislative competence to define cause of action or to declare where it would be deemed to have arisen so as to lay down artificial or deeming test for determining territorial jurisdiction over an individual case or class of cases. The permanent bench at Jaipur has been established by the Presidential Order issued under CS No.57019/16 22/42 subsection (2) of Section 51 of the Act. The territorial jurisdiction of the permanent bench at Jaipur is to be exercised in respect of the cases arising in the specified districts. Whether the case arises from one of the specified districts or not so as to determine the jurisdictional competence to hear by reference to territory bifurcated between the principal seat and the bench seat, shall be an issue to be decided in an individual case by the judge or judges hearing the matter if a question may arise in that regard. The impugned explanation appended to the Order of the Chief Justice dated 23rd December, 1976 runs counter to the Presidential Order and in a sense it is an inroad into the jurisdiction of the judges hearing a particular case or cases, preempting a decision to be given in the facts of individual case whether it can be said to have arisen in the territory of a particular district. The High Court is right in taking the view which it has done.
35. It was similarly held by Hon'ble Supreme Court of India in the case of M/s South East Asia Shipping Ltd. Vs M/s Nav Bharat Enterprises Pvt.Ltd. 1996 (3) SCC 443 that the cause of action consists of a bundle of fact which give cause to enforce the legal right for redressal an injury in a court of law and it includes every fact, which would be required to be proved by the plaintiff in order to support his right to a judgement from the court. Relevant extract of observations made in the case of M/s South East Asia Shipping Ltd. Vs M/s Nav Bharat Enterprises Pvt.Ltd. (Supra) is reproduced below: It is settled law that cause of action consists of bundle of facts which give cause to enforce the legal injury for redress in a court of law. The cause of action means, therefore, every fact, which if transferred, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the Court. In other words, it is a bundle of facts, which taken with the law applicable to them, gives the plaintiff a right to claim relief against the defendant. It must include some act done by the defendant since in the absence of such an act no cause of action would possibly accrue or would arise. In view of the admitted position that contract was executed in Bombay, i.e., within the jurisdiction of the High Court of Bombay, performance of the contract was also to be done within the jurisdiction of the Bombay High Court; merely because bank guarantee has executed at Delhi and transmitted for performance in Bombay, it does not constitute a cause of action to give rise to the respondent to lay the suit on the original side of the Delhi High Court. The contention that the Division Bench was right in its finding and that since the bank guarantee was executed and liability was enforced from the bank at Delhi, the Court got jurisdiction, cannot be sustained.
36. In the light of aforecited observations made by Hon'ble Supreme Court of India in the abovecited cases of Rajasthan High Court Advocates Union VS Union of India (Supra) and M/s South East Asia Shipping Ltd. Vs M/s Nav Bharat Enterprises Pvt.Ltd. (Supra), it can be safely concluded that a cause of action is a bundle of facts on the basis of which a right accrues in favour of one party to sue another party and to claim the relief in respect of the infringement of his rights by another party from a Court of law. Cause of action thus refers to a set of facts which are required to be proved for obtaining a favourable judgement from a court of law.
37. In the present case, the plaintiff has duly disclosed the circumstances from which CS No.57019/16 23/42 he had derived his right to sue the defendants by elaborately explaining in the plaint the manner in which he had been allegedly harassed by the defendant no.3 by making adverse remarks against his character, conduct and his mental capacity in the ACR of the plaintiff as well as in the first warning letter Ex./P/4 served upon the plaintiff by the defendant no.3. The plaintiff had also claimed in the plaint that the defendants no.1, 2, 4 and 5 had also added to his woes by failing to take legal action against the defendant no.3 on the numerous complaints made by the plaintiff. Thus, the facts and circumstances from which the plaintiff has claimed to have derived his right to sue the defendants have been elaborately enumerated by the plaintiff in the plaint. Hence, it cannot be concluded that the present suit has been instituted by the plaintiff without any cause of action. Issue no.1 is accordingly decided in favour of the plaintiff and against the defendants by arriving at a finding that the plaintiff has elaborately explained his cause of action to institute the present suit in the plaint. Nevertheless, it shall be examined in the subsequent issues as to whether the plaintiff has been able to prove his cause of action against the defendants on the scale of preponderance of probabilities or not.
Issue No. 2 Whether the plaintiff has suffered mental agony, harassment and incurred financial losses due to acts of the defendants? If yes, is he entitled to damages of Rs.2 lacs? OPP.
38. The onus of proving this issue was on the plaintiff. The plaintiff has examined himself as PW1 in support of his claim that he had suffered mental agony and harassment and had also incurred financial losses due to acts of the defendants. The plaintiff has relied upon documents Ex./P/1 to Ex./P/29 and Mark A to Mark O. The plaintiff has quantified the damages sustained by him in para no. 50 of his evidence by way of affidavit claiming therein that he had incurred legal expenses to the extent of Rs. 55000/, correspondence, typing and miscellaneous expenses in the sum of Rs.5000/, damages due to loss of interest on arrears of salary due to delay in his promotion to the tune of Rs.10,000/ and had sustained additional damages to the tune of Rs.1,30,000/ due to mental agony, harassment and humiliation suffered by the plaintiff because of certain acts of the defendants.
39. In order to prove that the plaintiff had suffered mental agony, harassment and humiliation due to the conduct of the defendants, the plaintiff has placed on record various documents including his ACR Mark E, first warning lettercummemo dated 25.07.2005 Ex./P/4 served upon the plaintiff by the defendant. In the said warning letter Ex./P/4, certain defamatory CS No.57019/16 24/42 allegations had been levelled against the plaintiff by the defendant no.3 by labeling the plaintiff as a person suffering from mental disorder who required immediate psychiatric help and treatment. Besides, it is the case of the plaintiff that the defendant no.3 had below graded the plaintiff in his ACR Mark E thereby adding to his mental agony. Also, in second warning letter dated 01.08.2005 Ex.P/7 as well as the third warning letter dated 02.08.2005 Ex.P/9 duly placed on record by the plaintiff, the defendant no.3 had referred to the plaintiff as a person giving evidence of a 'sick mind's fertile imagination'.
40. Thus, from a perusal of the material placed on record by the plaintiff, it is evident that the defendant no.3 had repeatedly made adverse remarks about the character, conduct and mental capacity of the plaintiff and had even sent copies of all warning letters issued to the plaintiff Ex./P/4, Ex./P/7 and Ex./P/9 to ACDA Mr.Hari Singh and other superior officers of his department posted at Meerut Cantonment and Delhi Cantonment. He had also enclosed the copies of warning letters Ex./P/4, Ex./P/7 and Ex./P/9 with the ACR form of the plaintiff Mark E thereby lowering the image of the plaintiff in the eyes of superiors of the plaintiff posted at Delhi Cantonment and Meerut Cantonment.
41. In these circumstances, the plaintiff has placed sufficient material on record to prove that he had suffered mental agony, harassment and humiliation at his work place due to the conduct of the defendant no.3. The plaintiff has assessed the damages due to him in respect of his defamation caused by the defendants including the defendant no.3 whose humiliating remarks contained in documents Mark E, Ex./P/4, Ex./P/7 and Ex./P/9 have been duly proved on record by the plaintiff to a sum of Rs.1,30,000/.
42. The plaintiff has also claimed that he had entered into correspondence with the defendants and various other public authorities for getting redressal of his grievances in respect of the alleged misappropriation of office funds by the defendant no.3 and has claimed that he had incurred expenses to the tune of Rs.5000/ in correspondence with the defendants. In this context, the plaintiff has placed on record letters addressed by him to the defendant no.4 Ex.P/6, Ex.P/14, Ex.P/16, correspondence addressed by him to the defendant no.1 Ex.P/17, letters addressed by him to the defendant no.2 including Ex.P/20 as well as the complaints made by the plaintiff to various public authorities including complaint Ex.P/15 made to the Director of the DoPT, complaint Ex.P/18 made to the National Human Rights Commission and copy of complaint dated 07.02.2006 Ex.P/13 CS No.57019/16 25/42 made by the plaintiff to Sh.Arun Kumar, DIG Anti Corruption branch to prove that the plaintiff had to undertake excessive correspondences with various authorities for redressal of his grievances regarding prevalence of corruption in the office of Defence Accounts including alleged misappropriation of funds being committed in the said office by the defendant no.3.
43. It is the defence of the defendants that they had not compelled the plaintiff to make complaints against the defendant no.3 to various authorities or to undertake correspondence with various authorities and since the plaintiff had out of his own free will undertaken correspondence with various authorities, therefore, he is not entitled to recover any typing correspondence and miscellaneous charges from the defendants. However, in this context, it is pertinent to note that the plaintiff's grievance were not only limited to the allegations of corruption and misappropriation of funds by the defendant no.3. On the contrary, the defendant no.3 had issued several memos/ show cause notices and warning letters to the plaintiff and had even spoiled the ACR of the plaintiff. Thus, the defendant no.3 had thereby compelled the plaintiff to undertake correspondence with various authorities for redressal of his multiple grievances including those pertaining to his own harassment and humiliation by the defendants apart from his grievances pertaining to misappropriation of funds by the defendant no.3. Therefore, from an appreciation of the entire evidence led by the parties in support of their respective versions of the case including documents Ex./P/1 to Ex./P/29 and Mark A to Mark O, it can be safely concluded that the plaintiff has placed on record sufficient material to arrive at a finding that the conduct of the defendants particularly the defendant no.3 had created certain circumstances in which the plaintiff had felt compelled to undertake voluminous correspondence with various authorities for redressal of his grievances pertaining to his own harassment and humiliation as well as for redressal of his grievances pertaining to the misappropriation of office funds by the defendant no.3.
44. Although the plaintiff has not individually placed on record the bills of typing expenses and postage charges of various complaints made by him to different authorities in relation to the present suit, however, he has in total placed on record 46 documents including documents Ex./P/1 to Ex./P/29 and Mark A to Mark O running into about 240 pages and has quantified the damage or financial losses sustained by him on account of being compelled to undertake voluminous correspondence running into 240 pages to the tune of Rs.5000/. Therefore, although the plaintiff has not placed on record bills of typing and postage of correspondence CS No.57019/16 26/42 undertaken by him in respect of his grievances against the defendants including the defendant no.3, however, he has placed on record correspondence running into about 240 pages to prove that he had incurred expenses to the tune of Rs.5000/ in the voluminous correspondence undertaken by him with the defendants and various other authorities.
45. Besides, the plaintiff has claimed another sum of Rs.10,000/ as compensation for loss of interest on his salary which went into arrears due to delay in his promotion on account of adverse remarks made in his ACR by the defendant no.3. In this context, the plaintiff has claimed that on being below graded in his ACR Mark E by the defendant no.3, the plaintiff could not be promoted in due course alongwith his colleagues and had to file a case before the Hon'ble Central Administrative Tribunal for seeking his promotion, which was decided in his favour vide order dated 02.06.2008 Mark I and thereafter, the plaintiff was promoted to the post of Sr.Accounts Officer vide order dated 16.01.2009 passed by the defendants pursuant to the order passed by Hon'ble High Court of Delhi in the appeal filed by the defendants against the order of Hon'ble Central Administrative Tribunal.
46. In this context it is pertinent to mention that the plaintiff has not exercised due diligence in the drafting of pleadings and has not mentioned the due date of his promotion in the entire plaint as well as in his evidence by way of affidavit and therefore, after spending much time in going through documents of the plaintiff running into 240 pages, it was discovered that in the order of Hon'ble Central Administrative Tribunal Mark I, it has been recorded in para 2 of the said order that the plaintiff had filed a list of seniority for promotion of Accounts officers of his department to the posts of Sr.Accounts officer with effect from 30.04.2007. Therefore, it can presumed that the plaintiff's promotion was perhaps due with effect from 30.04.2007. However, it is the case of the plaintiff that he was promoted vide order dated 16.01.2009 Ex.P/24 by the then Controller General of Defence Accounts. In the said order Ex./P/24, it has been duly mentioned that the plaintiff had been promoted to the grade of Sr.Accounts officer from the date on which his other conferrers were promoted, that is, w.e.f 30.04.2007. Consequential arrears of pay and allowances were also directed to be paid to the plaintiff vide the said order. However, the plaintiff has not diligently pursued his case and has not disclosed the details of arrears paid to him so as to explain how he had lost an exact amount of Rs.10,000/ towards the interest on the arrears of his pay received after his promotion vide order dated 16.01.2009. Nevertheless the plaintiff has quantified loss of the CS No.57019/16 27/42 interest suffered by him on account of late payment of arrears of his pay to a sum of Rs.10,000/ without furnishing details of arrears paid to him, date of payment of such arrears and the calculation on the basis of which he had arrived at the figure of Rs.10,000/ as interest lost on the said arrears. Since there was a delay of about 01 year 08 months and 16 days in grant of promotion to the plaintiff, therefore, the plaintiff may have sustained the damages amounting to Rs.10,000/ towards the interest lost on the arrears of his pay.
47. Lastly, the plaintiff has claimed a sum of Rs. 55000/ from the defendants towards legal expenses incurred by him in approaching Hon'ble Central Administrative Tribunal for getting the adverse remarks made by the defendant no.3 in his ACR for the year 200506 expunged and for seeking consequential relief for promotion. However, the plaintiff has not enclosed any bill of legal expenses incurred by him in the said litigation, which he had been compelled to pursue against the defendants before Hon'ble Central Administrative Tribunal and before Hon'ble High Court of Delhi. Also, from a perusal of the order of Hon'ble Central Administrative Tribunal Mark I, it is evident that the Hon'ble Central Administrative Tribunal had not awarded any cost of litigation to the plaintiff vide its abovementioned order Mark I. Besides, the plaintiff has not placed on record any copy of order passed by Hon'ble High Court of Delhi in the appeal filed by the defendants against the order of Hon'ble Central Administrative Tribunal so as to facilitate this court to arrive at a finding as to whether any legal expenses or cost of litigation had been awarded in favour of the plaintiff and against the defendants while dismissing the appeal of the defendants filed against the order of Hon'ble Central Administrative Tribunal. Even otherwise, the plaintiff has not exercised due diligence in pursuing his case by failing to place on record any bills of legal expenses incurred by him in pursuing the litigation against the defendants before Hon'ble Central Administrative Tribunal for getting adverse remarks expunged from his ACR of the year 200506. In these circumstances, the plaintiff has failed to discharge the burden of proving that he is entitled to recover legal expenses to the tune of Rs. 55000/ from the defendants in terms of section 101 of Indian Evidence Act which stipulates that whoever asserts the existence of any facts in a litigation must prove their existence in support of the existence of the said facts. Reliance is placed in this context on the observations made by Hon'ble Supreme Court of India in the case of Parlimal Vs Veena @ Bharti Civil Appeal No. 1467 of 2011 decided on 08.02.2011 wherein the Hon'ble Apex Court had observed in para 15 of the judgement that "the provisions of section 101 of the Indian CS No.57019/16 28/42 Evidence Act prove that the burden of proof of the facts rests on the party who substantially asserts it and not the party who denies it. In fact, the burden of proof means that a party has to prove an allegation before he is entitled to a judgement".
48. Thus, by appreciating the evidence led by the plaintiff in the light of aforecited observations made the Hon'ble Apex Court in the case of Parlimal Vs Veena @ Bharti (Supra), it can be safely concluded that the plaintiff has led no evidence to discharge the burden of proving that he was entitled to recover a sum of Rs.55000/ from the defendants towards litigation expenses.
49. In the light of my foregoing discussion, I am of the considered opinion that the plaintiff has managed to prove that he has been defamed by the conduct and acts of the defendant no.3 who had made serious allegations against the character, conduct and mental capacity of the plaintiff in various communication addressed to the superiors of the plaintiff including warning letters Ex./P/4, Ex./P/7 and Ex./P/9 and ACR Mark E and therefore, the plaintiff has rightfully claimed compensation in the sum of Rs.1,30,000/ from the defendants. Besides, although the plaintiff has not annexed any bills of typing, various letters sent by him to various authorities for seeking redressal of his grievances in respect of alleged acts of corruption committed by the defendant no.3 in his official capacity and the plaintiff has also failed to place on record bills or receipts of correspondence charges including postal and courier charges incurred by him in dispatch of abovementioned complaints made by him to various authorities. Nevertheless, he has placed on court record voluminous documents pertaining to the said correspondence running into 240 pages. From the voluminous series of letters, RTI applications and complaints etc. placed on record by the plaintiff, it can be concluded that the plaintiff may have incurred expenses to the tune of Rs.5000/ in typing and postage of the said letters, RTI applications and complaints to various authorities despite the fact that the plaintiff has not supported his claim for typing and correspondence charges of Rs.5000/ with any documentary evidence.
50. Additionally, the plaintiff has claimed Rs.10,000/ as loss of interest on the arrears of his salary due to delay in his promotion caused by the conduct of the defendants. From the perusal of order of Hon'ble Central Administrative Tribunal Mark I and the order of Controller General of Defence Accounts Ex.P/24, it is evident that the promotion of the plaintiff was due on 30.04.2007. However, he was promoted on 16.01.2009 vide order dated 16.01.2009 Ex.P/24.
CS No.57019/16 29/42Therefore, the promotion of the plaintiff was delayed by a period of about year of 1 year 8 months and 16 days. Although the plaintiff has not specified the exact date on which arrears of his pay were released to him and has also not been diligent enough to specify the exact amount of arrears of pay received by him after passing of order dated 16.01.2009 , therefore, it is difficult to compute the exact amount of interest lost by the plaintiff on account of delay in his promotion caused by the defendants. Nevertheless, since there was a delay of about 1 year 8 months and 16 days in promotion of the plaintiff, therefore, it can be safely concluded that the plaintiff is entitled to damages to the tune of Rs.10,000/ as quantified by him for loss of interest sustained by him on arrears of his pay due to delay in his promotion.
51. Lastly, the plaintiff has sought a sum of Rs. 55000/ from the defendants as legal expenses for pursuing litigation before the Hon'ble Central Administrative Tribunal and Hon'ble High Court of Delhi for getting expunged adverse remarks made in his ACR by the defendant no.3. However, the said claim of the plaintiff has not been supported with any documentary evidence of legal expenses paid by him in the said litigation. Also, the Hon'ble Central Administrative Tribunal had chosen not to award any costs of litigation to the plaintiff vide its order dated 02.06.2008 Mark I. Moreover, the plaintiff has also not placed on record order of Hon'ble High Court of Delhi passed in the appeal of the defendants against the order of Hon'ble Central Administrative Tribunal so as to facilitate this court to arrive at a finding as to whether any cost of litigation of proceeding before the Hon'ble High Court of Delhi had been awarded in favour of the plaintiff or not. In these circumstances, the plaintiff is not entitled to litigation expenses to the tune of Rs. 55000/ from the defendants.
52. For all the reasons detailed above, issue no.2 is partially decided in favour of the plaintiff and against the defendants by arriving at a finding that the plaintiff is entitled to recovery of Rs.1,30,000/ as compensation for humiliation, harassment and defamation of his character and mental capacity caused by the defendants, another sum of Rs.5000/ as typing, correspondence and miscellaneous charges and lastly, he is also entitled to a sum of Rs.10,000/ as compensation for loss of interest on account of delay in payment of arrears of his salary due to late promotion subject to the provision of Limitation Act, 1963. However, the plaintiff is not entitled to litigation expenses amounting to Rs.55000/ as claimed by him.
CS No.57019/16 30/42Issue No.2A Whether the present suit is barred by limitation? OPD.
53. The onus of proving this issue was on the defendants. Learned defence counsel has examined DW1 Vijay Kumar to prove that the present suit was barred by limitation. Learned defence counsel has argued that letters of warning Ex./P/4, Ex./P/7 and Ex./P/9 as well as the ACR Mark E containing alleged defamatory allegations against the plaintiff were written and sent by the defendant no.3 to various authorities in the Ministry of Defence in the year 2005 and the present suit has been instituted on 17.07.2013 merely 08 years after the date on which the cause of action had arisen in respect of right of the plaintiff to claim damages for his harassment and humiliation by the defendant no.3.
54. Learned defence counsel has further submitted that as per the provisions of article 75 of schedule 1 of Limitation Act, a suit for claiming compensation for libel (defamation through published words) can be instituted within one year from the date on which the alleged libel is published. Therefore, the plaintiff could have instituted the present suit for damages within one year from the date of publication and communication of letters Ex./P/4, Ex./P/7 and Ex./P/9 and ACR Mark E by the defendant no.3 to the superior officers of the plaintiff. The last warning letter Ex.P/9 is dated 02.08.2005 and the ACR Mark E has been written by the defendant no.3 for the period between 01.04.2005 to 31.03.2006. Although the date of filling of the said ACR by the defendant no.3 is not mentioned in the said ACR, however, the same must have been filled after the conclusion of the period for which it has been filled i.e. after 31.03.2006 and therefore, the plaintiff could have instituted the present suit within one year from 31.03.2006, that is, at most by 31.03.2007 and not on 17.07.2013 after delay of merely six years from the date of expiry of limitation.
55. Per contra, learned counsel for the plaintiff has opposed the plea of the defendants that the present suit is barred by limitation on ground that the present suit is based on frauds committed by the defendant no.3 and the plaintiff had been diligently pursuing the matter with various authorities for obtaining documents pertaining to the frauds committed by the defendant no.3 including the false TA/DA bills and telephone bills submitted by the defendant no.3 for reimbursement with his employer. Therefore, the period of limitation cannot start running against the plaintiff till the documents pertaining to the fraud committed by the defendants came into his possession.
CS No.57019/16 31/4256. Learned counsel for the plaintiff has argued that the period of limitation for instituting a suit in respect of defamation through libel ordinarily commences from the date on which the offence of publication of libel is committed. However, when the act of defamation or publication of libel of the plaintiff is concealed from the plaintiff due to frauds of the defendants, then section 17 of the Limitation Act can be invoked and the period during which the documents required for proving the acts of the defendants remain concealed from the plaintiff due to fraud played upon the plaintiff by the defendants deserves to be set off against the total period of limitation prescribed for the institution of suit for damages for libel. Thus, it has been submitted by learned counsel for the plaintiff that the period of limitation shall not began to run against the plaintiff until the plaintiff discoveres the fraud of the defendants with reasonable diligence.
57. Learned counsel for the plaintiff has further submitted that in the present case also, several financial frauds and irregularities had been committed by the defendant no.3 in discharge of his official duties and the plaintiff had been diligently pursuing the matter with various authorities including defendants no.4 and 1, DoPT, CBI, SHO of local police as well as National Human Rights Commission for exposing the fraud committed by the defendant no.3. In these circumstances, the period during which the frauds committed by the defendant no.3 were concealed from the plaintiff, shall be excluded while computing the period of limitation for institution of the present suit by the plaintiff as per the provisions of section 17 of Limitation Act. It has been further argued by learned counsel for the plaintiff that the plaintiff was involved in correspondence with the defendants till 11.04.2013 when he had moved an RTI application Mark O for obtaining information regarding investigation report on the inquiry conducted against the defendant no.3 by the defendant no.5. Therefore, since the plaintiff was busy in obtaining requisite documents to prove his case pertaining to his defamation, harassment and humiliation caused by the frauds of the defendant no.3 till 11.04.2013, hence, the period of limitation in the case of the defendants would commence with effect from 11.04.2013 and not from the date of issuance of warning letters Ex./P/4, Ex./P/7 and Ex./P/9 to him as well as from the date of filling of his ACR by the defendant no.3. Learned counsel for the plaintiff has relied upon the judgement passed by the Hon'ble Supreme Court of India in the case of Pallav Sheth vs Custodian & Ors (2001) 7 SCC 549 decided on 10 August, 2001 in support of his argument that the period of limitation in the present suit shall commence from 11.04.2013 and not from the date of publication of warning letters CS No.57019/16 32/42 Ex./P/4, Ex./P/7 and Ex./P/9 and writing of adverse remarks in ACR of the plaintiff Mark E by the defendant no.3 in terms of section 17 of Limitation Act.
58. I have considered the abovementioned arguments advanced by learned counsels for both the parties in the light of pleadings of the parties and the evidence led by the parties. From a perusal of the plaint filed by the plaintiff, it is evident that the plaintiff has claimed damages in respect of mental agony, humiliation and harassment caused to him by the defendants. A perusal of para 49 of the plaint reveals that the plaintiff has categorically claimed that he had suffered mental agony, harassment and torture due to the revengeful attitude of the defendant no.3 who had used derogatory and humiliating comments against the plaintiff and lowered the prestige of the plaintiff in the eyes of his subordinates. Para 48 of the plaint is reproduced below in this context:
48. That due to the revengeful attitude of the defendant no.3 who used derogatory, humiliating comments against the plaintiff, thereby caused mental agony and caused harassment and tortured to the plaintiff and also lowered the prestige in the eyes of his subordinate, thereby defamed the plaintiff as such he liable to pay the damages as well as the cost which incurred by the plaintiff in the court of law.
59. Although, the plaintiff had made various complaints to various authorities alleging therein that financial irregularities and frauds were being committed by the defendant no.3 in discharge of his official duties. Nevertheless, it is nowhere the case of the plaintiff that he must be compensated for alleged financial frauds perpetrated upon the Ministry of Defence by the defendant no.3. The allegations of the plaintiff as evident from his pleadings simply and categorically reveal that he had felt defamed and lowered in the estimation of his superiors and subordinates by the humiliating and derogatory comments of the defendant no.3.
60. Even in the pleadings pertaining to cause of action incorporated in para 51 of the plaint, the plaintiff has categorically pleaded that the cause of action to institute the present suit had arisen in his favour on 25.07.2005 when the defendant no.3 had used highly humiliating language against him thereby causing him mental agony. Likewise, the cause of action had arisen according to the plaintiff on 01.08.2005 and 02.08.2005 when the defendant no.3 had again used humiliating remarks against the plaintiff. Further it has been claimed in para 51 of the plaint that the cause of action had arisen against the defendants no.1,2, 4 and 5 when they had not taken any action against the defendant no.3 despite representations made by the plaintiff. It has been further claimed in para 51 of the plaint that cause of action had further arisen in favour of the plaintiff when the defendant no.3 had intentionally made adverse remarks in ACR of the plaintiff and the plaintiff CS No.57019/16 33/42 had to approach Hon'ble Central Administrative Tribunal for his promotion. Lastly, according to the plaintiff, the cause of action had arisen on 27.02.2013 when the plaintiff had issued legal notice to the defendants demanding damages to the tune of Rs.two lacs from the defendants.
61. Thus, a perusal of plaint and documents relied upon by the plaintiff reveals that although allegations of corruption have been levelled against the defendant no.3 at various places in the plaint, however, the plaintiff's cause of action has surely arisen from the humiliating remarks about the character, conduct and mental capacity of the plaintiff made by the defendant no.3 on various occasions commencing from 25.07.2005. Even in the evidence led by the plaintiff in support of his pleadings, the plaintiff has similarly claimed damages in respect of mental agony, harassment and humiliation suffered by him due to adverse remarks made by the defendant no.3 in relation to of his character, conduct and mental capacity. Thus, it is not the case of the plaintiff that he had suffered mental agony and humiliation due to any fraud or financial irregularities committed by the defendant no.3 in discharge of his official duties in the Ministry of Defence. On the contrary, all humiliation and harassment had been allegedly suffered by the plaintiff due to his defamation caused by the adverse remarks made about his character, conduct and mental capacity by the defendant no.3 in warning letters Ex./P/4, Ex./P/7 and Ex./P/9 as well as in his ACR Mark E.
62. In these circumstances, there is no material on record to arrive at a finding that the plaintiff is seeking damages from the defendants in respect of mental agony caused to him due to financial frauds and irregularities which had been allegedly committed by the defendant no.3 in discharge of his official duties. Even if it is presumed that the allegations made by the plaintiff are true in their entirety and serious financial irregularities were in fact committed by the defendant no.3 in discharge of his official duties, the same cannot be the cause of any humiliation or harassment to the plaintiff, rather all harassment and humiliation had been suffered by the plaintiff on account of publication of defamatory material against himself in warning letters Ex./P/4, Ex./P/7 and Ex./P/9 and ACR Mark E.
63. The judgement of Pallav Sheth vs Custodian & Ors (Supra) relied upon by the plaintiff does not support the case of the plaintiff as in the said case as appellant Pallav Sheth was directed to disclose his assets in execution of a consent decree of Rs.51.49 crores but had concealed the fact that he was the defacto owner of five companies, which were supposed to receive substantial sums of money from various other companies. During the inquiry conducted by CS No.57019/16 34/42 the custodian appointed under the provisions of Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 when this fact of concealment of assets of the appellant was discovered, the special court had issued contempt notice to the appellant and had held the appellant guilty for contempt of court thereby sentencing him to one month's simple imprisonment and a fine of Rs.2000/. The order of Special Court was upheld by Hon'ble Supreme Court of India, which had observed that the action for contempt was not barred by limitation u/s 20 of the Contempt of Courts Act because the provisions of section 17 of Limitation Act were applicable to the said case in view of the fact that the appellant had played fraud by concealing his assets from the special court and the said fraud had been discovered only upon the custodian receiving information from Income Tax department vide letter dated 05.05.1998 and thereafter, the application for initiation of contempt of court proceedings against the appellant was filed on 18.06.1999 well within the period of limitation prescribed by section 20 of Contempt of Court Act.
64. However, in the present case, the acts of defamation of the plaintiff by the defendant no.3 were not concealed from the plaintiff in any manner who was in receipt of warning letters Ex./P/4, Ex./P/7 and Ex./P/9 as well as his ACR Mark E and could have easily approached any court of law for seeking redressal of his grievances pertaining to publication of defamatory material against him by way of warning letters Ex./P/4, Ex./P/7 and Ex./P/9 and ACR Mark E. Even if it is presumed that the materials required for proving commission of financial irregularities and frauds by the defendant no. 3 had been withheld from the plaintiff by the defendants, then also the plaintiff was having sufficient knowledge as to which material was in custody of which department or office and if at all the said material including inflated TA/DA bills, bogus telephone bills etc. if any, submitted by the defendant no.3 were required to be produced in evidence by the plaintiff, the plaintiff could have subsequently summoned the said records containing the inflated or fake bills from the relevant departments. Moreover, as already discussed above, the defamatory material circulated against the plaintiff by the defendant no.3 was very much in his possession and in fact, there was no requirement of supporting the same with alleged fraudulent bills submitted by the defendant no.3 in his office for proving that the plaintiff had in fact been defamed by the acts of the defendant no.3 of publishing warning letters Ex./P/4, Ex./P/7 and Ex./P/9 and ACR Mark E.
65. A similar situation had come up for consideration before Hon'ble High Court of Delhi in the case of N.N.S. Rana Vs Union of India & Ors RFA No. 757/2010 decided on CS No.57019/16 35/42 16.09.2011 wherein the trial court had dismissed a suit for damages on the ground that the same was barred by limitation and had been instituted after expiry of one year period of limitation prescribed for instituting a suit for compensation for libel under article 75 of schedule 1 of the Limitation Act. The appellant, in the said suit an officer of Northern Railway from 13.12.1965 to 31.10.1996, was suspended on 31.10.1996 on a complaint of sexual harassment and the Ministry of Railway had issued a press release regarding his suspension on 01.11.1996, which was followed by a press communique on 04.12.1996. The appellant had challenged his suspension before Hon'ble Central Administrative Tribunal and the same was revoked vide order dated 30.10.1997 and the disciplinary proceedings against the appellate was subsequently completed on 13.01.2000 in which he was found not guilty of the charges of sexual harassment levelled against him. Thereafter, the appellant had filed a suit for damages on 12.01.2001. The Hon'ble High Court of Delhi had observed that in para 22 of the plaint, the plaintiff had shown that the cause of action to file the suit for seeking damages in the sum of Rs.10 lacs had arisen on 04.11.1996 when defamatory press communique was issued by the defendant, which was widely printed in Media and therefore, the suit for compensation for libel had to be filed by the plaintiff within one year from the date of publication of the said libel. The Hon'ble High Court of Delhi had rejected the plea of the appellant to the effect that the period of limitation of one year for filing suit for damages was supposed to be calculated from the date on which the appellant was exonerated of charges of sexual harassment in departmental inquiry on ground that the plaintiff had clearly sought damages for libel published against him through press communique issued by the defendant on 04.11.1996 and had not sought compensation for his malicious prosecution. Therefore, the fact that the departmental inquiry was being carried out against the appellant till 13.01.2000 would have no bearing on the period of limitation which would start running against the plaintiff from the date of publication of libel and not from the date of exoneration of the appellant from the charges of sexual harassment. Observations made in paras 5& 6 of the judgement are noteworthy in this context and are reproduced below :
5. The learned counsel for the appellant does not dispute that the period of limitation for filing of the suit is one year under Article 75 of the Schedule to the Limitation Act. The appellant's contention is that one year period has to be computed from 13th January, 2000 when the appellant was held to be not guilty of the charges of sexual harassment by the Disciplinary Authority. The appellant has referred to and relied upon West Bengal State Electricity Board v. Dilip Kumar Roy, 2005 (1) ATJ 362; West Bengal State Electricity Board v. Dilip Kumar Ray, 2006 (12) Scale 559; N. Balakrishnan v. M. Krishnamurthy, (1998) 7 SCC 123 and Balakrishna Savalram Pujari Waghmare and Others v. Shree Dhyaneshwar Maharaj Sanstahn and Others, AIR 1959 SC 798.
CS No.57019/16 36/426. Article 75 clearly stipulates that the period of limitation of one year would begin to run when the libel is published. The language of Article 75 of the Schedule to the Limitation Act is clear and unambiguous that the period of limitation would start from the date of publication and it has to be interpreted according to the Rule of Literal Construction. The appellant's contention that the period of limitation would run from the date when he was exonerated of the charges, is rightly rejected by the learned Trial Court. Section 22 of the Limitation Act has no application to the present case. None of the judgments referred to and relied upon by the appellant reflect upon the appellant's contention that the period of limitation under Article 75 of the Limitation Act would start from the date of exoneration of the appellant.
66. From the aforecited observations made by Hon'ble High Court of Delhi in the decided case of N.N.S. Rana Vs Union of India & Ors (Supra), it can be safely concluded that the period of limitation in a case of libel commences from the date of publication of libel and has been prescribed as one year from the date of publication of libel in article 75 of schedule 1 to the Limitation Act. The said period starts running from the date on which such publication of libel comes to the knowledge of the aggrieved person against whom the same has been published. If the publication of the libel itself is not known to the aggrieved person or remains concealed from the aggrieved person due to some act of the person responsible for publication of the said libel only then the aggrieved person can claim that he was not aware of his defamation caused by the person responsible for publication of libel due to fraud of the said person.
67. However, in the present case, the defendant no.3 had directly and personally communicated the derogatory material contained in warning letters Ex./P/4, Ex./P/7 and Ex./P/9 as well as ACR Mark E to the plaintiff as well as the superiors of the plaintiff in the Ministry of Defence thereby causing harassment, humiliation and defamation of the plaintiff. The acts of the defendant no.3 were in no way concealed from the plaintiff who had even approached the Hon'ble Central Administrative Tribunal for getting expunged derogatory remarks about his conduct and mental capacity from his ACR for the year 200506 and had obtained a favourable order on 02.06.2008. Therefore, the period of limitation for claiming damages in the case of the plaintiff would start running from the date of publication of warning letters Ex./P/4, Ex./P/7 and Ex./P/9, which were published on 25.07.2005, 01.08.2005 and 02.08.2005 respectively as well as from the date of publication of ACR Mark E for the year 200506 which was perhaps written after 31.03.2006 and the plaintiff definitely had the knowledge of the publication of the said ACR containing derogatory remarks against himself on 23.08.2006 when he had made representation to defendant no.4 vide Ex./P/21 for getting expunged adverse remarks made by the defendant no.3 in his ACR. Therefore, CS No.57019/16 37/42 even if 23.08.2006 is taken as the date on which the plaintiff had gained knowledge of existence of ACR Mark E containing derogatory remarks about his mental capacity then also the limitation for filing the present suit would have expired on 23.08.2007. However, the plaintiff has filed the present suit on 17.07.2013 after about lapse of seven years from the date of expiry of limitation.
68. Therefore, in the light of my foregoing discussion, I am of the considered opinion that the present suit is time barred in respect of relief of damages for defamation or humiliation and harassment suffered by the plaintiff due to conduct of the defendant no.3 as the same has been filed after lapse of about seven years from the date on which alleged libel was published vide warning letters Ex./P/4, Ex./P/7 and Ex./P/9 and ACR Mark E. However, as already discussed in issue no.2 above, the plaintiff is entitled two other reliefs including typing and miscellaneous charges amounting to Rs.5000/ and damages to the tune of Rs.10,000/ towards loss of interest on arrears of salary due to delay in his promotion caused by the defendants. In the following passages, this court shall examine as to whether the present suit has been instituted within the period of limitation in respect of these two reliefs including the relief of recovery of typing, correspondence and miscellaneous charges from the defendants as well as of the relief of recovery of damages for loss of interest on arrears of salary due to late promotion.
69. For the purpose of computation of the period of limitation for recovery of typing correspondence and miscellaneous charges, it is necessary to examine the dates up to which the plaintiff was involved in the correspondence with the defendants. In this context, a perusal of court record shows that the plaintiff was involved in correspondence pertaining to his complaints against the defendant no.3 and other officers of Ministry of Defence upto 13.06.2012 when he had made a complaint against the defendant no.2 to the SHO of local police and thereafter, the plaintiff had also filed an RTI application dated 11.04.2013 with the Ministry of Defence for obtaining copy of investigation report of inquiry conducted against the defendant no.3 by the defendant no.5. Therefore, the plaintiff had been involved in correspondence through letters, RTI applications and complaints etc. with various authorities within and outside the Ministry of Defence upto 11.04.2013 and the suit has thereafter been instituted on 17.07.2013. Hence, the period of limitation for recovery of typing, miscellaneous and correspondence charges from the defendants has to be computed from the last date on which the plaintiff has been involved in the correspondence with the defendants and other authorities for redressal of his grievances pertaining to financial irregularities CS No.57019/16 38/42 and frauds allegedly being committed in the office of Ministry of Defence. Since last RTI application seeking information on the action taken against the defendant no.3 on the complaints of the plaintiff was sent by the plaintiff to the defendants on 11.04.2013 merely three months prior to the institution of the present suit, therefore, the relief of recovery of typing, correspondence and miscellaneous charges sought by the plaintiff from the defendants is within the period of limitation for miscellaneous recovery, which has been prescribed as three years under Article 113 of Schedule 1 of the Limitation Act which provides that when there is no specific period prescribed in the Schedule 1 of Limitation Act for institution of any suit, then the period of limitation for institution of such suits must be read as three years from the date on which right to sue accrues. Article 113 of Schedule 1 of the Limitation Act, 1963 is reproduced below in this context :
113. Any suit for which no Three years When the right to sue accrues.
period of limitation is provided elsewhere in this Schedule.
70. Since there is no fixed period prescribed in the Limitation Act for recovery of miscellaneous expenses incurred by a party in correspondence with another party, therefore, in accordance with the provisions of Article 113 of Schedule 1 of Limitation Act, it can be deemed that the suit for recovery of miscellaneous expenses can be instituted within a period of three years from the date on which right to sue had accrued in favour of the plaintiff which as already discussed above had accrued on 11.04.2013 and hence, the present suit has been instituted in respect of recovery of miscellaneous dues of Rs.5000/ within the period of limitation of three years from the date on which cause of action had arisen.
71. The only other relief to which the plaintiff is entitled as per the findings in issue no.2 above is the relief of damages to the extent of Rs.10,000/. In this regard, it is pertinent to mention that the plaintiff has not claimed that actual interest which would have accrued to him on account of late payment of arrears of his salary due to delay in his promotion. He has also not specified the date on which arrears of his salary were released to him. On the contrary, he has simply claimed damages of a fixed sum of Rs.10,000/ towards losses suffered by him on the interest which would have become due to him on his salary, if he was promoted in due course on 30.04.2007. From a perusal of the document Ex./P/24, it is evident that the plaintiff was promoted CS No.57019/16 39/42 vide order dated 16.01.2009 by the defendants Ex./P/24. Therefore, the interest on arrears of salary would have become due after release of arrears of his salary in favour of the plaintiff after the passing of order dated 16.01.2009. In this context, it is pertinent to mention that Article 25 of the Limitation Act provides that the period of limitation for institution of a suit for recovery of money payable as interest upon the money due is three years, which is supposed to be computed from the date on which the said interest would become due to the plaintiff. However, in the present case, although the plaintiff has not sought recovery of actual interest due to him on the arrears of his salary but has sought fixed damages to the tune of Rs.10,000/ in respect of interest amount lost by him on account of late payment of his salary due to delay in his promotion. The interest on arrears of salary of the plaintiff had become due to the plaintiff on the date on which he was promoted in compliance of orders passed by Hon'ble Central Administrative Tribunal and Hon'ble High Court of Delhi and it was decided by the defendants that the plaintiff would be promoted with effect from the date on which his promotion was due. The defendants had arrived at a decision to promote the plaintiff on 16.01.2009 and had communicated the same to the plaintiff vide their letter dated 16.01.2009. Therefore, the interest on arrears of salary of the plaintiff had also become due to him on 16.01.2009. Hence, the plaintiff should have instituted the suit for recovery of damages in respect of loss of interest on account of late payment of arrears of his salary within three years from the date on which arrears of his salary had become due i.e. 16.01.2009.
72. A similar situation had come up for consideration before the Hon'ble High Court of Delhi in a decided case wherein the plaintiff had instituted a suit for recovery of arrears of his salary and interest due on the same after being reinstated upon quashing of wrongful order of termination from service. It was contended by the employer that the salary of the plaintiff for the period between 01.06.1960 and 26.04.1962 could not be released in his favour despite his reinstatement as the same had become a time barred debt for which no suit for recovery was maintainable. The Hon'ble High Court of Delhi had observed that the wages of the employee had become due to him only after his reinstatement and if a litigation seeking reinstatement takes several years, then the employee cannot prematurely institute an empty suit for recovery of arrears of salary for the period when he was not in service and a fresh cause of action would arise in favour of reinstated employee for recovery of arrears of his salary when he is reinstated or when he is informed that the period during which he had been illegally terminated would be treated as on duty. Observations CS No.57019/16 40/42 made in paras 7 and 8 of the judgement passed in this case of Ujagar Singh Gill vs Union of India and Ors. 50 (1993) DLT 674 decided on 14.05.1993 are noteworthy in this context and are reproduced below: (7) Again in somewhat similar circumstances a Division Bench of the Madras High Court in Union of India v. N.R.Venkatarama Naidu l975 (1)M.L.J. 345, held as under : "IN a suit for recovery of salary or wages, the Article in the Limitation Act of 1963, which would be applicable is Article 7,corresponding to Article 102 of the Limitation Act of 1908. The third column of Article 7 of the Limitation Act says "when the wages accrue due". This phrase has to be liberally interpreted in a case where an employee's services were wrongfully terminated and later he was reinstated after the employer realised that such termination was unlawful or unconstitutional. During the interregnum he is not entitled to any salary at all under any of the service conditions. When he is in service, obviously, the salary to a Government servant becomes due by the end of the month. But in a case where his services were terminated under a rule of service, which was later declared by the Supreme Court as unconstitutional, then the or diary rule of limitation to claim the arrears of salary cannot prevail.If it were so, then in a given case, if it takes several years for the unfortunate employee to get redress and to get a pronouncement asto the invalidity of the order of termination and if as is conceivable the litigation takes more than three years, for him to be reinstated',is it necessary that he should file an empty suit for arrears of salary for the period when he was not in service and, when he is a dismissed servant or a servant whose services have been terminated and get his suit dismissed only on the ground that he has not been reinstated ? It would be an empty formality besides leading to unjust consequences because such a suit would automatically be dismissed as he would be confronted with the order of dismissal or termination for which he cannot have any answer at all. In the light of our observations as above, the third column in Article 7,when the wages accrue due, in a case like the one with which we are faced, has to be interpreted, as we said, liberally and equitably.When an employee whose services have been illegally terminated has been reinstated and when he is informed that the period during which he was off from service would be treated as if he was onduty, then a fresh cause of action would arise on the date when he was reinstated and on the date when a communication to that effect was issued to him."
(8) We are, thus, of the opinion that cause of action for the plaintiff to file the present suit arose on 4/05/1967 when he was told that the period from 31/05/1960 to 26/04/1965 was to be treated as his being on duty but he was not to be paid his salary for whole of this period. Wages (salary)could not be said to have accrued when the Government was yet considering whether the period between the termination and reinstatement was to be treated as on duty and if the employee was entitled to arrears of salary for whole or part of that period. Once the Government decided that the whole of the period when services of the plaintiff stood terminated was to be treated as on duty, the wages for whole on the period accrued from the date the said decision was communicated to the plaintiff. The suit having been filed on 29/01/1970 would be within the period of limitation.
73. From the ratio of abovecited case of Ujagar Singh Gill vs Union of India and Ors. (Supra) decided by Hon'ble High Court of Delhi, it can be safely concluded that when an employee is involved in litigation pertaining to his wrongful termination or an unlawful withholding of his promotion then he cannot prematurely institute a suit for recovery of arrears of his salary or interest due on the same before being reinstated or promoted as the case may be. Therefore, the right to sue accrues in favour of the concerned employee on the date of his reinstatement or CS No.57019/16 41/42 promotion. In the present case the promotion of the plaintiff was granted to him vide order dated 16.01.2009 and the right to sue for recovery of interest or damages sustained due to loss of interest had also accrued in favour of the plaintiff on 16.01.2009. The present suit has been instituted on 17.07.2013 after lapse of about 4 ½ years from the date on which right to sue for recovery of interest on salary or damages in lieu of loss of interest sustained by the plaintiff on account of late payment of arrears of his salary had accrued in favour of the plaintiff. Hence, the present suit has not been instituted within the period of limitation of three years for recovery of interest or damages sustained on account of loss of interest as prescribed in Article 25 of the Schedule 1 of Limitation Act. The relief of damages for loss of interest on account of late payment of arrears of salary is accordingly found to be time barred or barred by limitation.
74. Issue no.2A is accordingly partially decided in favour of the plaintiff and against the defendants by arriving at a finding that the plaintiff has instituted the suit within the prescribed period of limitation in respect of relief of recovery of typing, correspondence and miscellaneous charges amounting to Rs.5000/ from the defendants. The rest of the reliefs sought by the plaintiff are however barred by limitation.
Issue No. 3 Relief.
75. In view of the findings given in issues no.2 and 2A above, it is hereby ordered that the plaintiff is entitled to recover a sum of Rs.5000/ (Rupees five thousand only) from the defendants jointly and severally as typing, correspondence and miscellaneous charges incurred by the plaintiff in pursuing his various complaints against the alleged harassment caused to him by the conduct and acts of the defendants, particularly the defendant no.3 with pendentelite @ 10% per annum and future interest @ 6% per annum as well as costs to the decreetal amount of Rs.5000/. The suit is accordingly partially decreed in favour of the plaintiff and against the defendants on the aboveterms. Decreesheet be prepared accordingly.
76. File be consigned to record room after compliance of necessary formalities.
Announced in the open Court (Jasjeet Kaur)
today on 20.09.2016 Civil JudgeI, New Delhi District
New Delhi
CS No.57019/16 42/42