
A local court has issued a directive to the police to file a First Information Report (FIR) against officials of J&K Bank. The case involves allegations of the bank retaining the certificates of one of its class IV employees without valid reasons.
Complainant’s Appeal
The order was issued by the Third Additional Munsiff Srinagar following a complaint by Mohammad Rafiq Sheikh. He accused the President HR, J&K Bank Ltd, AVP HR, and the Branch Manager of Chanapora branch of illegally holding his original documents. Consequently, the court instructed the Station House Officer (SHO) of Chanapora Police Station to register an FIR and proceed according to the law. A copy of the court order and the application were forwarded to the SHO for compliance.
Background of the Case
Sheikh, employed as a sweeper at J&K Bank, had submitted his original certificates at the time of his appointment. The documents included his 10th Class Marks Card, Date of Birth Certificate, Higher Secondary Part 1 Marks Card, Permanent Resident Certificate, and Experience Certificate. The bank had issued a receipt acknowledging the submission of these certificates.
Alleged Conspiracy and Termination
In 2002, Sheikh approached the Labour Commissioner for the release of his salary. Instead of resolving the matter, bank officials allegedly conspired to lodge an FIR against him. Subsequently, in 2006, Sheikh was verbally informed of his termination. Despite his repeated requests, the bank officials did not return his original certificates.
Legal Action and Court’s Observation
Following inaction by the SHO and SSP, Sheikh filed a lawsuit against the bank seeking damages for the loss he suffered. The Police Station Chanapora reported that the documents were at the J&K Bank Headquarters and accused Sheikh of deliberately not receiving them. However, the court noted that the bank should have presented the documents to the police when Sheikh approached them in 2021.
Postal Receipt Discrepancy
The police report mentioned that the documents were sent to Sheikh by post, but he allegedly refused to receive them. A postal receipt dated September 6, 2021, was presented as evidence. The court questioned why the documents were not handed over to Sheikh in 2006, at the time of his termination, indicating that the bank officials unjustifiably retained the complainant’s documents.