• Employee denying document in court

An employee of a school writes to the secratary that everything in the school premises is safe there is no hazard to the children and the staff are thankful to the management for all the works they have done for schools safety ,the document is in the schools official letterhead ,duly signed and stamped ,and if anything untoward happens in the school and the employee says he had written the letter due to pressure will the court listen to him or will he be held accountable for writing such a letter which was duly signed by him,wil the letter have any legal value ?
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

See first of all the authority given to such person to such right such letter has to be seen was he assigned for a work to check all the security measures. if yes he would be responsible and the letter shall be valuable. Further if he says that he has written such letter in pressure in that case the pressure has to be established by him before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Employee letter is binding upon him

2) if employee has written letter under pressure he should immediately inform the management about lack of safety measures in the school premises and suggest measures to augment safety of the students

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

1) If its school responsibility to take care that everything is ok in the school. If the employee has given everything in writing on school letter head paper than school is responsible for it.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Even if it is proved tat every thing was good and normal in the school, it does not guarantee that nothing untoward will happen in the said school to its students.

2. So, the said letter of the employee has no legal vaue at all.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hi, if any miss happening occurs due to the management of school , then the school managment is responsible not the employees

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

The court will not listen to him, unless he's able to prove that he furnished that under taking under undue influence or coercion.

The letter is definitely legal, unless proved forged.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

This is not a public document but it may be called for as an evidence in the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Well keeping safety and security of any public authority is a collective responsibility which is not upon one particular person.

2. So even if one particular employee gives such undertaking , the accountability of the top management will not go away and in the event of any untoward incident both these persons will be held accountable.

3. So this particular employee has nothing to get worried.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If he takes the plea of coercion it will cut no ice with the court unless he proves it. If it is on the letterhead of school and duly signed then the onus will be on the employee to lead cogent evidence to prove that it was under coercion.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hello,

If he says that he wrote it under pressure then also he will be liable as writing such a letter has influenced the public and the authorities.

Yes the letter will have legal value in the eyes of law.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the employee is not authorised to give a letter of that nature in writing then the same cannot be held as legally valid document.

In what capacity is the employee giving this undertaking or letter and to whom?

Also it depends on what basis is he giving his ecidence

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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