Evidence Act, 1872
Section 65B—Electronic evidence—Admissibility—Contention of non-following of mandate of Section 65B of the Evidence Act—Requirement of a certificate is in those cases where any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer—Original recordings are the primary evidence and admissible without any such certificate—Instant is a case where voice was recorded by way of transmitting it from the mobile phone to the CD, which was sent for laboratory verification and despite transmission, unimpeachable finding has been rendered that voice samples have matched since subsequently petitioner himself was asked to give his voice sample—In case of primary evidence which the petitioner had given, petitioner cannot have had any doubt of the same being not sent, as it would have resulted in the same finding by the laboratory—As regards to procedure followed by the punishing authority, no irregularity of any kind found which warrants interference by the High Court—Petition dismissed.
[Para 9]
Service Law
Dismissal from service—Petition to quash orders—Petitioner alleged to demanded bribe for disbursement of legitimate compensation qua land acquired by State Government—Petitioner pleaded that there is violation of principles of natural justice on ground of non-supply of earlier enquiry reports—Specific recitals of earlier two reports of the City Magistrates being the enclosures of the final enquiry report—Petitioner cannot take a volte face that said enclosures were not supplied particularly when the same formed part of the final report as enclosures—Matter of bribe effect the society in whole and have to be deal with seriously and with iron hands so as not to give wrong signal to others to indulge in that—Exemplary punishment should be meted out in such cases—Petitioner does not deserve any leniency even if he has an unblemished service record in the past—Petition dismissed
[Para 7]