In Manik Lal Bhowmik Vs. Bharat Sanchar Nigam Limited, the Calcutta High Court has held that a charge sheet issued against an employee in a disciplinary proceedings, the enquiry report and the letter of dismissal are protected by qualified proceedings, the enquiry report and the letter of dismissal are protected by qualified privilege. However, in the facts of the case two questions arise on the answer of which will depend the success or failure of this suit. Firstly, has the suit been filed within the time period specified in the Limitation Act, 1963? Secondly, assuming that the answer to the first question is in favour of the plaintiff, is the defence of absolute or qualified privilege available to the defendant? Section 3 of the Limitation Act, 1963 provides that subject to the provisions contained in Sections 4 to 24, every suit instituted, appeal preferred and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence...
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