• Submission of documents to court

In connection with promotions ,Being the Head of the Dept (HR) I was having copy of the marks in Employee Annual Performance appraisals of employees.When the promotions were denied for me i had filed a writ in high court with a coy of the marklist.

The management is taking action for misuse of documents .

Can I get any legal protection as the documents were not subjected to any misuse but for obtainig justice from court.
Asked 8 years ago in Labour

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5 Answers

If these documents were not available for public and were official record then you could not have used the same for your personal use. You have used your official position for the personal benefit.

In usual course you should have filed the writ and should have asked the court to summon the records or the same would have been bought on record by the respondent in their counter.

Management in this case is at liberty to take appropriate action against you; please engage and consult a good local lawyer for further help who can defend your case well.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

As long as the documents were not classified and confidential and could have been obtained under the Right to Information Act, there's nothing to worry.

Even if the co. issues a show-cause notice to you and in furtherance thereof takes a legal recourse, this may be keenly defended in a court of law.

Let me know if I could be any further help.

Best,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can rely upon the documents to make out a case that you were discriminated against

2) you have merely submitted documents to court there is no misuse of said documents

3) in event any disciplinary action is taken against you then you can challenge the said action taken against you in court

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Is it just a mark list or any other documents are involved here? .

I suspect the reason should be different for alleging you for misuse of documents.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

The management case is not maintainable because before court they have to prove that these documents are fake or admit it to be genuine.

They may have to file a separate case for this in which you can challenge the same legally on the basis of the merits you rely upon.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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