Defamation – Damages – Newspaper publication of an inquiry report against a Senior Judicial Officer with incomplete facts – Costs of Rs.10 lakhs was imposed – Important and salutary observations of Karnataka High Court
On 20.12.2013, an article was published in the newspaper on the front page against a Senior Judicial Officer under the title “Judge Guilty of Unacceptable Intimacy…HC Report” in respect of inquiry report dated 30.5.2013.
The details of the news are extracted in the Order. However, on 18.11.2013, the Administrative Committee did not accept the findings of the Inquiry Officer in the report dated 30.5.2013. On 21.12.2023, the Full Court resolved to drop and close the proceedings. It was found that the news was published with incomplete facts.
Moreover, it was HELD that a departmental inquiry is a proceeding by an employer to judge misconduct of its employee. Therefore, such proceeding between an employer and an employee cannot be considered to be a public proceeding. There is inherent responsibility on the newspaper to ensure that the entire proceedings were kept out of public domain if the inquiry was in relation to an allegation relating to immoral behaviour of a Judicial Officer. The publication of such an inquiry report would not only impinge on the character on the Officer but would also cause immense damage to the character and privacy of innocent people who were unconnected with the inquiry. There is solemn responsibility of all concerned to ensure that the attempts to sensationalize the same are thwarted. Any attempt made during the course of the proceedings would have detrimental effect on the entire process of inquiry. Costs of Rs.10 lakhs was imposed on the owner of newspaper payable to the Karnataka Legal Services Authority.
Publication of an inquiry report arising out of a proceeding which was yet to be accepted would not only impinge on the character of the officer but would also cause immense damage to the character and privacy of innocent people who were unconnected with the inquiry.
W.P.No.14053 of 2015 (Neutral Citation – 2024 KHC 10029) of Karnataka High Court.
