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2009 Supreme(Online)(KER) 40170

HIGH COURT OF KERALA
K.HEMA, J
FR.JOSEPH CHERUVELIL – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/529/2006



Advocates:
SRI.BECHU KURIAN THOMAS, SRI.MANJERI SUNDERRAJ, SRI.B.PREMNATH (E), SRI.K.S.SIVAKUMAR

For a defamation claim to be valid, the exact defamatory statements must be cited, as general allegations are insufficient.

Headnote:

Defamation - Teacher Employment Dispute - IPC Sections 499, 500, 34 - The court quashed the complaint against the petitioner, citing lack of specific defamatory statements made by him as required under the IPC, leading to an absence of a valid cause of action.

Fact of the Case:

The complainant, a teacher, was allegedly prevented from entering her workplace by school authorities and claimed defamatory statements were made against her regarding her teaching efficiency, prompting her to file a complaint.

Finding of the Court:

The court determined that the complaint lacked specific allegations directly linking the petitioner to the alleged defamatory statements, and emphasized the necessity of such details to establish a valid claim.

Issues: Whether the complaint sufficiently demonstrated that the petitioner made defamatory statements against the complainant.

Ratio Decidendi: Defamatory statements must be clearly specified in a complaint; generalizations or third-party accounts do not suffice to establish defamation.

Final Decision: The complaint and related proceedings against the petitioner were quashed.

ORDER

This petition is filed to quash the complaint Annexure-A1 and also an order passed in CMP No.4901/2005 which is marked as Annexure-A2. All further proceedings initiated against the petitioner who is the first accused in the case are sought to be quashed.

2. A complaint was filed by the second respondent herein stating that she was working in a Public School & Junior College as a Malayalam teacher from 1st August, 2001 onwards without giving room for any adverse comment, criticism or complaint against her. She worked on the last working day of the previous academic year and she was paid vacation salary also. She was certified by school authorities as very efficient and sincere teacher. But the Principal and Manager of the school started physically preventing the complainant from entering the school, teacher's room and the class to perform as a teacher. There is no reason why the complainant should be kept away in such a manner.

3. The complainant requested the Manager and the Principal of the school not to deny her continued service but it did not yield any positive reply. She felt that she may be denied employment in the next academic year and she was forced to file W.P.(C) No.14043/2005 before this court and an interim order was granted restraining the school authorities from discontinuing or disturbing the complainant's service as a teacher. While the order was enforced, the school reopened on 1.6.2005 and she met accused 1 and 2 and the Manager of the school and furnished the order to them. But they did not allow her to enter the teacher's room or the class room. When she insisted she was given a computer print-out sheet showing the names of teachers and was asked to sign against her name.

4. The complainant was then left to stand in the open ground under hot sun in front of the school. During the following days also, the same thing happened. The media people came to the school on 1.6.2005 and on seeing the complainant's plight on the first day of the academic year itself, they enquired about the matter. She also heard the media people asking the Principal and Manager about the matter and the version given was that in view of the complaints from parents and pupils certain teachers including the complainant were being kept away.

5. It is later learnt from media reports that the school authorities took a stand that there was a referendum by parents and pupils of the school wherein complainant was criticized and she was asked to improve teaching. To certain other news reporters Fr.Mani Puthiyedam had stated that the complainant was terminated from the service owing to her inefficiency of teaching. These are absolutely baseless and false allegations. In the Desabhimani Malayalam daily, a news item appeared quoting the third accused who claimed to be the PTA President of the school making allegations that the complainant was found to be the worst criticized teacher in the referendum. These reports are false and defamatory and lawyer notices were issued to the school as well as PTA on behalf of the complainant.

6. The defamatory statements were made by accused to malign the complainant. The accused together are now propagating amidst the public that the complainant is not a good teacher and hence she was thrown out of the school. The imputations are made to lower the estimation in the eye of the general public etc. The claim that there was a referendum is utter falsehood. The accused, in collusion with each other, acted in common intention making false imputations against the complainant. Therefore, the complaint on file under Sections 499 , 500 and 34 IPC .

7. The petitioner is the first accused in the case and he is said to be the Principal of the school, where the complainant is a teacher. According to learned counsel for the petitioner, there is absolutely nothing in the complaint to show that the petitioner has made any statement to the effect that the complainant is an inefficient teacher and hence she is being terminat

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