Disciplinary Inquiry--Documents from Official Records--Unproved Documents Cannot Form Basis of Misconduct Finding
A document does not prove itself merely because it forms part of official records or is produced through a Presenting Officer. In disciplinary proceedings, although strict rules of evidence do not apply, the employer must establish the authenticity and contents of relied-upon documents through competent witnesses capable of speaking to them. In the absence of such proof, an Inquiry Officer cannot rely on those documents to record a finding of misconduct. Defence evidence cannot be brushed aside as being of no consequence without discussion or reasons.
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