Return of documents

JAYARAJ, NOTARY PUBLIC (Querist) 30 March 2017 This query is : Resolved
Sirs, One guy submitted his educational certificates in a private concern at time of appointment and the same was acknowledged by the concern. In the meantime the concern lodged a Police complaint and registered a case against him for misappropriation . Now he has been terminated from the concern. In this circumstances he approached the concern to surrender his certificates but the concern authorities refused to surrender his certificates. What is the procedure to get back the certificates ? Please kindly guide me.

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kavksatyanarayana (Expert) 30 March 2017
Generally, when a case is filed in Police Station, certificates and other benefits will not be issued. However try through RTI to send what you need. then also it may not be issued but they will answer the reason for refusing the request.

Adv. Yogen Kakade (Expert) 31 March 2017
I agree with the expert.

Kumar Doab (Expert) 31 March 2017
Did the private establishment state anywhere in writing that if appointed the employee shall have to deposit his Original Edicational Certificates and explained the reason for it?

The receipt issued by employer may not necessarily mean that employee submitted as per some agreed terms or on reasonable ground.

The employee was charged and employment has been terminated.

Now there is NO employer-employee relationship.

What is reason on basis of which employer is claiming some kind of lien on Original Educational Certificates?

Did employee ask to return in writing?

Has employer declined in writing?

Arvind Singh Chauhan (Expert) 31 March 2017
Doab Sir has raised relevant issues regarding the matter.

Dr J C Vashista (Expert) 01 April 2017
I appreciate the analytical acumenship of Mr. Kumar Doab and agree with him.

The concern has no concern with educational certificates of its employee(s); whereas there is no question of retaining the certificates of an ex-employee.

Issue legal notice demanding the certificate(s) of the employee terminated by the employer, who have unauthorisedly and illegally retained the documents. Even then if the firm/concern do not return the certificate(s) file a suit for mandatory injunction or a writ of mandamus (if applicable).

A police complaint/FIR or complaint u/s 200 Cr PC is another option available.

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Kumar Doab (Expert) 01 April 2017
Thanks for agreeing Dr J C Vashista.