Civil Procedure Code (CPC)

Summons to the witnesses

This query is : Resolved 

Online (Querist)
22 June 2021

How many times an Enquiring officer has to issue the summons to the absenting prosecution witnesses in the disciplinary proceedings? Is there any guideline or DOPT order to this effect?

P. Venu Online (Expert)
23 June 2021

Are the witnesses Government employees?

Ziaur RahmanOnline (Querist)
23 June 2021

One is a government employee and another an ordinary citizen. The E.O also wrote to the employer of the Government employee but after 3 summons none appeared.

P. Venu Online (Expert)
23 June 2021

There is no way in which an ordinary citizen could be compelled to attend a departmental inquiry unless the IO is duly authorised under the provisions of the Departmental Enquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act.

However, to my knowledge, this procedure is seldom invoked.
A Government employee is liable for disciplinary action in case of refusal to appear.

Ziaur RahmanOnline (Querist)
24 June 2021

My query is that how many times a summons can be issued and in case of the non-appearance of the prosecution witnesses the proceeding can be closed?

P. Venu Online (Expert)
24 June 2021

No definite suggestion is possible unless you are willing to post complete facts.

T. Kalaiselvan, Advocate Online (Expert)
25 June 2021

It is not mandatory for the inquiry officer to summon the witness constantly if he is not appearing before the inquiry committee.
The reasonable number of summons can be twice before the inquiry officer is dispensing with the attendance of the said witness and endorses his report about the circumstances under which he dispensed with the personal attendance of the witness.

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