Disciplinary Inquiry -- Documents from Official Records -- Unproved Documents Cannot Form Basis of Misconduct Finding
Service Law -- Disciplinary Inquiry -- Documents from Official Records -- Unproved Documents -- 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 without discussion or reasons.
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