Departmental Inquiry--Bribery Finding--Unexplained Bank Transfer Alone, Without Evidentiary Link to Official Favour, Cannot Sustain a Finding of Bribery or Justify Removal from Service
In departmental inquiries, the standard of preponderance of probabilities does not permit a disciplinary authority to treat an unexplained bank transfer as conclusive proof of bribery without establishing a rational evidentiary link between the receipt and the alleged official favour. A corruption finding that lacks any evidence of demand or quid pro quo is legally unsustainable. Once such a finding fails, an extreme penalty of removal cannot be sustained on minor surviving charges alone, as the link between findings and punishment breaks down.
