A local court has ordered the police to file a First Information Report (FIR) against officials of J&K Bank for withholding the certificates of a Class IV employee without valid reason.
The Third Additional Munsiff of Srinagar, responding to a complaint filed by Mohammad Rafiq Sheikh, instructed the Station House Officer (SHO) of Chanapora Police Station in Srinagar to register the FIR and take legal action against the President of Human Resources (HR) at J&K Bank Ltd, the Assistant Vice President (AVP) of HR, and the Branch Manager of the Chanapora branch.
The court’s order, issued under Section 156(3) of the Criminal Procedure Code (Cr.P.C), directed the SHO to file the FIR and proceed with the investigation.
The court also mandated that a copy of the order and the original complaint be sent to the Chanapora Police Station for compliance.
Sheikh, the complainant, had requested the filing of an FIR against the bank officials, claiming that as a sweeper at J&K Bank, he submitted his original certificates—such as his 10th Class Marks Card, Date of Birth Certificate, Higher Secondary Part 1 Marks Card, Permanent Resident Certificate (PRC), and Experience Certificate—at the time of his appointment.
The bank provided a receipt for these documents. In 2002, after Sheikh approached the Labour Commissioner for unpaid dues, the bank allegedly conspired against him by filing an FIR, and in 2006, he was verbally informed of his termination.
Despite repeated requests, the bank did not return his original certificates.
Sheikh had also lodged a written complaint with the SHO, but when no action was taken, he approached the Senior Superintendent of Police (SSP) without success, prompting him to file a lawsuit for damages against the bank.
The Chanapora Police Station reported that the documents are being held at J&K Bank’s headquarters and suggested that the complainant was deliberately not collecting them.
The court, however, questioned this claim, noting that if the documents were truly available, the bank could have provided them when Sheikh first approached the police in 2021.
The police report also mentioned that the documents were sent to Sheikh by post, but he allegedly refused to accept them. The postal receipt was dated September 6, 2021.
The court pointed out that if Sheikh’s employment was terminated in 2006, his documents should have been returned to him then, further suggesting that the bank officials have unjustifiably retained his certificates.