Departmental enquiry ..... audio recordings

Naresh (Querist) 25 August 2018 This query is : Resolved
Some of the allwgations have been framed on the basis of audio recording. But mobile device on which recording was done not seized by the investigating officer, not kept in safe custody duly sealed. In stead of mobile device, CD was presented in the proceedings on which Inquring Authority (IA) passed the order ' Accepted as record. Source and authenticity to be proved'.
Now the prosecution is not having mobile device in its custody ( it is in the custody of the complainant for the last 3 years when complaint was made), PLEASE advise whether this evidence can be relied upon and accepted by the IA

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Guest (Expert) 25 August 2018
At first, you have the need to clarify, whether you are talking of departmental inquiry or the court proceedings? You have already stated that the IA passed the order. So, when the IA he has already relied on the said evidence, where remains the question of evidence "CAN BE" or "CANNOT BE" relied by the IA?

Please make clear, what exactly is your problem for which you seek solution and for what specific purpose.

Dr J C Vashista (Expert) 26 August 2018
I endorse the opinion and advise of expert Mr. PS Dhingra.

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