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1987 Supreme(SC) 783

M.N.VENKATACHALIAH, A.P.SEN
Government Of T. N. – Appellant
Versus
Badrinath – Respondent


Advocates:
A.K.SEN GUPTA, A.V.RANGAM, Asha Rani Jain, S.RANGARAJAN, Sanjay Parikh, SANJIV MADAN

Judgement

SEN, J. :- These appeals by special leave are directed against a judgment of a Division Bench of the Madras High Court dated December 20, 1984 reversing the judgment and order of a learned single Judge dated March 27, 1979 and allowing the writ petition filed by respondent No. 1 herein Thiru Chaturvedi Badrinath, a senior member of the Indian Administrative Service, and directing the issuance of a writ of mandamus ordaining the State Government of Tamil Nadu from granting the requisite permission of the Government under R. 17 of the All India Services (Conduct) Rules, 1968 for the institution of a suit for damages for defamation by him against respondent No. 2 Thiru V. Karthikeyan, the then Chief Secretary to the State Government of Tamil Nadu by a defamatory statement that he, allegedly, made to a correspondent of the Indian Express against him.

2. The facts. At the relevant time, respondent No. 1 Thiru Badrinath was the Commissioner of Archives & Historical Research, Tamil Nadu. On September 7, 1973 he delivered a speech at a function held by the History Association of the Presidency College, Madras criticising the time capsule buried in the precincts of the Red Fort at D



























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