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Ashish Mangal   11 July 2018

Rules for witness

I was ordered by my (Govt.) Department to report to CBI Office as a witness in a new case, but due to my health concerns I couldn't, as I was on leave.
My minute query is 'Is there any written Act/Law/Rule, available presently, which enables a Govt. employee to deny, to be a witness?


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 6 Replies

Adv Deepak Joshi +917017821512 (Advocate)     11 July 2018

There is no act/law as such.

Ashish Mangal   11 July 2018

Thanks for the reply Deepak sir.
So there is nothing someone can do, not be a witness. It's really sad to hear that one is compelled to leave his family, go to Court on several hearings, bear the trouble of travel and other expenses and several other mistreatments.

G.L.N. Prasad (Retired employee.)     12 July 2018

Even ordinary citizen / common man is bound to obey the summons of court as the witness .  The maximum you can do is explain your difficulties and filing a petition before competent court to complete such examination in one or two dates.

TGK REDDI   13 July 2018

Witnesses are entitled to not only expenses but also compensation.      It's cruel of you not to become a witness.      

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     14 July 2018

From your query it is not clear whether CBI issued summons to you in your name. You are only mentioning your Office asked you to give Witness. It does not happen like that.

 

If something happened and a person has some material facts about the happening, CBI when they investigate the case, they do ask some people connected to depose witness before the CBI Court. If a person is issued with Summons, it is his duty to attend the CBI Court. Health issues if there, you can inform the CBI Lawyer about your incapacity for that date and should attend the CBI Court on the next date intimated to you.

Ashish Mangal   15 July 2018

Shivram Prasad sir, it's like CBI requests my department to submit some officers name. Then CBI take these officers for raid as a witness. These officers don't receive any order directly from CBI. It's our department that forces CBI request onto us. It is every Govt. Employee's duty to be witness for such kind of things i know that and I respect that. But my department doesn't say no to CBI like the other govt departments does, even when it affects our functiong properly. It creates lot of problems sir. We need to stay in same clothes for 2-3 days for the raid if it is far from Chandigarh. Sometimes it's really hard to leave wife and 5 month baby alone at home. And it becomes harder when you leave the city but you need comeback to attend the hearings at all cost. That's the only reason I asked for a way to say No legally.

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