Summons to the witnesses

Ziaur Rahman (Querist) 22 June 2021 This query is : Resolved
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?

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This discussion explores the number of times an Enquiring Officer (EO) must issue summons to prosecution witnesses who are absent in disciplinary proceedings. While there's no fixed number of summons mandated by DOPT orders, an EO typically issues summons a reasonable number of times, often twice, before dispensing with the witness's attendance. For government employees, non-appearance can lead to disciplinary action, and their department can be approached. However, compelling the attendance of ordinary citizens is more complex and may involve invoking specific acts, a process rarely used.

P. Venu (Expert) 23 June 2021
Are the witnesses Government employees?

Ziaur Rahman (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 (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 Rahman (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 (Expert) 24 June 2021
No definite suggestion is possible unless you are willing to post complete facts.

T. Kalaiselvan, Advocate (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.

Sudhir Kumar, Advocate (Expert) 27 January 2023
IO has to give reasonable time. It is not quantified in rules or DOPT instructions as to how many times the summon must be issued. It is for the prosecution to secure presence. If serving employee is witness then his deptt can be approached as non-deposition is subject to disciplinary action.

However in case of private person, his present can b secured only in following cases :-

1. PO should make a specific submission (if so directed by Disciplinary Authority) that proposal is there for issue of notification under Departmental Enquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act., as suggested by Mr Venu.

2. A notification is to be issued by the Ministry concerned, not merely by Disciplinary Authority who may be much below the Ministry and at time The Ministry will be approached through department as Disciplinary Authority at many times is field functionary (example Defence, Railways, Post Office, Police, CWC, customs, Income Tax,).

3. Such notification is to be purchased from Govt Press or downloaded from net.

4. After issue of this notification the IO will issue summons as per format of Civil Procedure Code.

5. Such summons shall be sent to the process server branch of local Court alongwith the aforesaid notification.

6. The summons will have to be sent to the court where the address of the witness is for service to the witness.

Ziaur Rahman (Querist) 27 January 2023
Thank you very much to everyone for the answer. There's no dopt order as I learned from the dopt through an RTI reply. However in that case whether the E. O can proceed to other city where the witness resides. If yes then can he compel the C. O to appear at the new venue where the witness lives.

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