Without consent my name can be given as witness by appellan

Guest (Querist) 27 January 2018 This query is : Resolved
Hello experts
In 2014 a teacher from our school was booked under POSCO.. he was sent to jail then suspended from school. I was a member in that inquiry against him (not presiding officer ) and the board recommended his transfer so that the child could have a stress free life in school. In between the appellant's wife whenever she visited used to meet all the teaching fraternity including me. And was trying for out of court settlement with the family of the victim in which I and some senior teachers used to accompany her. In between me n my husband got us distanced from him when we heard him passing lewd comments on some lady teacher's character even we had a little argument with him also on that. Then the appellant got his headquarters also changed and I also got transferred from Himachal to Bangalore. Now today I have received a summon from session court Himachal (which was sent to the school in Himachal and from there it has been forwarded through fax to Bangalore)to appear as a witness from the appellant's side.
My query is
1.Without my consent can the appellant give my name as witness as I was not witness to the incidence just an enquiry member from school side as usually it's the presiding officer who is called as a witness?
2. Can I send my statement through post as now I am transferred from Himachal to Bangalore N moreover I don't even remember the inquiry we did?
3. Most important I am of no use to the appellant if I go as witness I won't be able to testify in his favour?
4. If forced to attend the hearing who will pay for my travel expenses from Bangalore to Himachal and how can I claim it and what about my absence during that time am I supposed to take leave or I will be considered on leave.
5. Please advise.

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Vijay Raj Mahajan (Expert) 27 January 2018
Court summon should be obeyed by all otherwise it will be considered contempt of court and the court can even issue bailable warrant to mark your presence.
As far your evidence is concerned,do say what you know whether it's of any help or not for the person, you must speak truth and tell actual facts relating to the matter which you know.
The case attendance in civil matters are supposed to be paid by the person summoning witnesses, and diet money is deposited which the witnesses get from the court, however in criminal cases as State witnesses you may not be entitled for any diet money but as witness of the accused you demand the same when you appear in the court.
The leave you can apply and get by showing court summons which will be allowed by your present employer.

Guest (Expert) 27 January 2018
As an inquiry committee member, you will have to prove the findings against him. When you contributed your views against him to get him jailed, why trying to escape now? You may be thinking not to testify in favour of the accused but when you will be grilled by a skillful lawyer of the accused your smartness may vanish, If you absent willfully during the date of hearing, you can also be got produced through police on the next date by issue of warrants by the court. So, any carelessness on that issue will be at your own cost.

Sri Vijayan.A (Expert) 27 January 2018
1. You were the member in the inquiry. So you are a prosecution witness.You have to attend the court proceedings. If you continued to absent, warrant will be issued.
2. If you cannot remember the incidents, tell the same in court.
3.Whatever you know, just tell the same.
4. TA will be paid to you. If you are witness on prosecution side, your absence shall be treated as duty or special casual leave. You have to intimate and apply for the same.
Thank you.
A. Sri Vijayan

Ms.Usha Kapoor (Expert) 28 January 2018
ONCE THE COURT ISSUES SUMMONS YOU'VE GOT TO PRESENT IN COURT. OTHERWISE YOU'D BE LIABLE FOR CONTEMPT OF COURT. aND THE COURT ALSO IN EXTREME CASES ISSUES NBWS TO YOU.yOU NEED NOT WITNESS THE ACTUAL INCIDENT.since THE COURT WANTS YOUR PRESENCE YOU'VE GOT TO BE PRESENT THERE. WHATEVER YOU REMEMBER IN THE ENQUIRY Committee Member/TEAM BEING PART OF IT YOU ARE A PROSECUTION WITNESS AND YOU ARE BOUND TO PRESENT AND WHATEVER YOU REMEMBER YOU NEED TO TELL.

Sudhir Kumar, Advocate (Expert) 28 January 2018
You have no choice.

Your consent is not needed for citing you as witness

you cannot send statement by post. You have to be available in person (as many times called) to reply to question of lawyers of each side.

Does not matter who cited you as witness. You have to state truth whether it is in his favour or against.

You are a competent witness as you have made findings on the issue.

Guest (Querist) 28 January 2018
Thank you sir for ur valuable guidance.
Request advice on
1. is it possible that the defence can drop my name from the witness list if they get to know about my going to be testimony in the court is against them..?
2. My son as well as the classes I teach are going to have exams that time can I request for change in the hearing date from February to may/June school vacations..?
3. If still forced to go as I am a Class -1 gazetted teacher with MOD... Whether the defence can be compelled to pay air fare as being a lady I can not journey alone for six day (to and fro)in train from Bangalore to Solan..?

Guest (Querist) 28 January 2018
Thank you sir for ur valuable guidance.
Request advice on
1. is it possible that the defence can drop my name from the witness list if they get to know about my going to be testimony in the court is against them..?
2. My son as well as the classes I teach are going to have exams that time can I request for change in the hearing date from February to may/June school vacations..? I can provide datesheet too as a proof.
3. If still forced to go as I am a Class -1 gazetted teacher with MOD... Whether the defence can be compelled to pay air fare as being a lady I can not journey alone for six day (to and fro)in train from Bangalore to Chail..?

Dr J C Vashista (Expert) 29 January 2018
In response to the summons you may apply to the Court and submit all details as explained hereinabove.
Being a member of inquiry the accused should not seek your witness.
However, it would be better to consult a local lawyer for better appreciation of facts and circumstances of the case and proceed as guided.

Guest (Expert) 29 January 2018
Why defense side would like to drop your name as witness, when defense seems to have the desire to crash your findings as committee member and further having paved the way for his jail. As regards airfare for your journey, you may claim, but would be subject to the decision of the court.

Guest (Querist) 29 January 2018
Thankyou experts

Ms.Usha Kapoor (Expert) 03 July 2018
I agree with Vijay Raj Mahaqjan's and my view.

Without consent my name can be given as witness by appellan

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