What is the concept of burden of proof?
11. What is the concept of burden of proof?
General rule is that one who wants the court (or the Inquiring Authority) to believe
something, must lead evidence to establish the fact. This is known as the burden of
proof.
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If the disciplinary authority has leveled the charge that an employee had left the
office before closing hours and without taking permission, evidence must be led on
behalf of the Disciplinary Authority to establish the same. If the defence of the
Charged Officer contends that that he/she had taken permission to leave early,
he/she must lead evidence to establish this fact. If the stand of the Disciplinary
Authority is that the officer from whom the Charged Officer claims to have taken
permission is not competent to grant permission, it is for the Disciplinary Authority to
lead evidence in support of this fact.