Supreme Court of India · 1987-10-15
GOVERNMENT OF TAMIL NADU & ORS. vs BADRINATH & ORS.
- Citation / case number
- SC 1987/70954
- Court
- Supreme Court of India
- Petitioner
- GOVERNMENT OF TAMIL NADU & ORS.
- Respondent
- BADRINATH & ORS.
- Author
- A.P. SEN
- Bench
- A.P. SEN
Judgment text excerpt
The Supreme Court held that Rule 17 of the All India Services (Conduct) Rules, 1968 imposes a restraint on members of the All India Services from suing for defamation related to acts performed in their official capacity. The Court clarified that a speech made by a public servant at a function, expressing personal views, does not constitute an official act, thus allowing the appeal and ruling that the suit for vindication of private character does not require prior government permission under Rule 17. The Court emphasized that the appellants are not bound by the concession made by the Advocate General regarding the nature of the act in question.