IN A DEPARTMENTAL INQUIRY DISCIPLINARY AUTHORITY HAS RELIED UPON FORENSIC HANDWRITING EXPERTS  TO  BRING FORTH A CHARGE AGAINST A CHARGED EMPLOYEE. THE DOCUMENTS RELIED UPON IN THE CHARGESHEET DO NOT INCLUDE THE STAMPED AND SIGNED DOCUMENTS SENT BACK BY THE FORENSIC LAB BUT COPIES THEREOF BEFORE BEING SENT TO THE FORENSIC LAB. ALSO THE SAMPLES HANDWRITINGS SENT TO THE FORENSIC LAB BY THE DEPARTMENT HAVE ALSO NOT BEEN PROVIDED ALONG WITH DOCUMENTS IN THE CHARGESHEET NOR THERE IS ANY MENTION OF THE SAME. THE REPORT OF THE FORENSIC DEPARTMENT ALSO DOES NOT NAME THE PERSON ACCUSED IN THE CHARGESHEET. IT SIMPLY SAYS THAT THE HANDWRITINGS OF THE SAMPLES AND THE DOCUMENTS TO BE VERIFIED MATCH.

THE PROSECUTION DURING THE COURSE OF THE INQUIRY HAS NOT APPLIED OR BROUGHT ANY DOCUMENTS SUCH AS SAMPLES SENT TO THE FORENSIC LAB ON RECORD OF THE INQUIRY PROCEEDINGS NOR THE STAMPED AND SIGNED DOCUMENTS SENT FOR VERIFICATION ARE ON RECORD OF THE DEPARTMENTAL INQUIRY.

THE FORENSIC EXPERT DURING CROSS EXAMINATION HAS DENIED THE DOCUMENTS AS THAT PROVIDED ALONG WITH THE CHARGESHEET TO THE ACCUSED AS THEY DID NOT CONTAIN HIS SIGNATURE AND STAMP.

AS THE DOCUMENTS WERE NOT RELIED UPON BY THE PROSECUTION AND THE BURDEN OF PROOF IS ON THE PROSECUTION TO PROVE THE CASE. THE CHARGED EMPLOYEE DID NOT ASK FOR THE DOCUMENTS AS MENTIONED ABOVE TO CONTEST THEM AS THEY WERE NOT BROUGHT FORTH BY THE PROSECUTION TO PROVE THE CASE.

THE INQUIRY OFFICER HAS DECLARED THAT THE CASE HAS BEEN PROVED WITHOUT TAKING THESE FACTS INTO CONSIDERATION.

KINDLY HELP ME WITH THE FOLLOWING:

1. PROVIDE SOME CASE LAWS ON FORENSIC EXPERTS OPINIONS. 

2. CAN DOCUMENTS NOT ON RECORD OF THE DEPARTMENTAL INQUIRY BE RELIED UPON BY THE INQUIRY OFFICER TO PROVE THE CASE AGAINST THE CHARGED EMPLOYEE.

3. PLEASE HELP HOW TO GO IN APPEAL TO THE APPEALATE AUTHORITY IN THIS CASE

4, WHAT ARE THE OTHER AVENUES FOR THE CHARGED EMPLOYEE TO SEEK JUSTICE AS SHE HAS BEEN TERMINATED FROM SERVICE.

THANKING YOU,

WITH REGARDS,

SUSHIL WAGH

LAW STUDENT