1000 TIT BITS ON DISCIPLINE -190
803. Inference should be drawn from PROVED FACTS of the case only. Inquiring Authority should be aware that in the law of evidence, a truth or proposition is drawn from another that is supposed or admitted to be true. A process of reasoning by which a fact or proposition sought to be established is deduced as a logical consequence from other facts, or a state of facts, already proved or admitted. A logical and reasonable conclusion of a fact not presented by direct evidence but which, by process of logic and reason, a trier of fact may conclude exists from the established facts.
If assessment is too lengthy and reader finds it difficult to wean out broad and basic reasons on the basis of which findings have been recorded, it would be advisable to give summary. Caution – Summary should not at all give impression that charge has been held/not held proved only on basis of summary and not detailed discussion in report.
804. Brief commentary on Conduct Rules alleged to be infringed and conclusion thereon.
805. Points Not to be Forgotten
No mention of penalty in the report. (This is prerogative of Disciplinary Authority).
No use of personal knowledge of the facts of the case in appraisal.
No use of material other than taken on record through due process.
No crossing of four walls of evidence - only (and only) exhibits and depositions will essentially have to be relied upon.
Report should be more incisive and pointed, with clear discussion of evidence by recording reasons.
806. Proper weighing of evidence from the sides of prosecution and defence and co-relation with the charges to ensure proper inference.
Mitigating factors/extenuating circumstances may be mentioned, but should not affect findings. Clarification on Charged Official's written brief about alleged non-conformance of Inquiring Authority to the prescribed procedure, if any, to allay confusion.
807. Malafide need not be proved, if the act itself speaks. Proof of mens rea/mala fide is not essential ingredient of the Disciplinary Proceedings.
No extraneous matter affect report writing.
808. Past good or bad conduct of the Charged Official should not influence the findings.
Verbosity and repetitiveness should be avoided.
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