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2026 Supreme(Online)(Del) 13003
IN THE HIGH COURT OF DELHI AT NEW DELHI
Anish Dayal, J
MR VIJAY SINGH & ORS. VS. MRS MANPREET KAUR
C.R.P. 157/2026 | CM APPL. 34842/2026
For the Appellants/Petitioners: Pritish Sabharwal
For the Respondents:
Whether an official communication issued by a public officer on a grievance portal, accessible only to the complainant, constitutes 'publication' for a defamation suit and whether such actions attract personal liability.
Headnote:The matter involves the Right to Information Act, 2005. A petition was filed assailing an order dated 20th April 2026 in a defamation suit. The petitioner, serving as a CPIO and Nodal Officer of a University, responded to a complaint on a public grievance portal, stating that the respondent had filed numerous complaints to malign the image of the University and its Vice-Chancellor. The respondent, a retired Joint Registrar, alleged that certain adjectives used in the response were defamatory. The primary issue is whether a communication issued in an official capacity on a grievance portal, accessible only to the complainant and not issued to any third party, constitutes 'publication' for the purpose of a defamation claim. The petitioner contends that the communication was official and therefore the officer cannot be sued in a personal capacity. Accordingly, issue notice to respondent, on steps being taken by petitioner through all permissible modes, including e-mail.
| Table of Content |
|---|
| 1. background of the defamation suit arising from an official response on a public grievance portal. (Para 1 , 2 , 3 , 4 , 5) |
| 2. argument that official communications lacking third-party publication do not constitute personal defamation. (Para 6 , 7) |
| 3. procedural directions for notice issuance and submission of arguments. (Para 8 , 9 , 10 , 11 , 12) |
$~39
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O R D E R
CM APPL. 34843-34844/2026 (
Exemption
1. Exemptions allowed subject to just exceptions.
2. Applications stand disposed of, accordingly.
C.R.P. 157/2026 along with CM APPL. 34842/2026 (
Stay
1. This petition has been filed assailing order dated 20th April 2026 passed by the District Judge-01, Patiala House Courts, New Delhi in CS No. 614/2025.
2. Mr. Pritish Sabharwal, counsel appears on behalf of the petitioner who was serving as the Central Public Information Officer [‘CPIO’] under the Right to Information [‘RTI”] Act, 2005, and was also responding to grievances in the capacity of a Nodal Officer of Public Grievance Monitoring System [‘PGMS’] Portal of the Guru Gobind Singh Indraprastha University [‘GGSIPU/University’], Sector 16 C, Dwarka, New Delhi.
3. The present issue arises out of a suit of defamation filed by the respondent against the petitioner in respect of communication dated 04th December 2024, issued by petitioner in response to a complaint uploaded on the PGMS portal, which is meant for redressal of public grievances concerning the University.
4. The response effectively communicated to the Registrar of GGSIPU that respondent had filed multiple complaints with an intent to malign the image of the University and the Vice-Chancellor, and had lodged more than 50 complaints, including RTI applications. Certain adjectives used in respect of said complaints have been alleged by respondent to be defamatory in nature.
5. The respondent had served as a Joint Registrar in the University and retired on 30th June 2021 after refusal of extension of contractual appointment beyond 05th January 2024.
6. Mr. Sabharwal, counsel for petitioner contends that in addition to the fact that the said communication shall not amount to publication, considering that it was accessible only to the respondent, since he was the complainant on the portal himself, and that it was not issued to any third party, the said communication had been issued in an official capacity and, therefore, he could not have moved against in a personal capacity for defamation.
7. He further contends that they are open to discussing the matter with higher authorities of the University so that this issue be resolved.
8. Accordingly, issue notice to respondent, on steps being taken by petitioner through all permissible modes, including e-mail.
9. Counsels for parties shall file their respective note of arguments not exceeding three pages, synopsizing their contentions along with list of citations, which they wish to rely upon, cross-referencing PDF pages of the Court File. The same will be exchanged inter se counsels at least three days prior to the next date of hearing.
10. The Trial Court has listed the matter on 03rd August 2026.
11. Accordingly, list the matter before this Court on 28th July 2026.
12. Order be uploaded on the website of this Court.
