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october 1987

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.

GOVERNMENT OF TAMIL NADU & ORS. vs BADRINATH & ORS. · Niyam