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Production and Proving of Documents in Disciplinary Proceedings

By G. P. Bhatia

Published In

(Lab Ic 2008)

The documents create the evidence; it is more so in disciplinary proceedings. Charges in domestic enquiry are established on the basis of listed documents proved through listed witnesses. When a document is proved, taken on record, exhibited and marked in prescribed manner in disciplinary proceedings, it implies that the statements and opinion contained therein are taken as true and considered proved facts. The Inquiring Authority can take any listed document on record, exhibit and mark it, if it is admitted by the Charged Officer and so recorded in the Daily Order Sheet (record of proceedings of enquiry). Thereafter, it forms part of record and evidence and can legally be relied upon by the Inquiring Authority in his findings. The listed documents are considered neutral documents till either proved or disproved. A neutral document which was not introduced, proved, exhibited or marked during disciplinary proceedings cannot form basis of findings even in disciplinary ....

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