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2009 DIGILAW 1521 (PAT)

Kitabuddin Ansari S/o Isuf Ansari v. Bihar State Electricity Board Through Its Chairman

2009-12-04

NAVANITI PRASAD SINGH

body2009
JUDGEMENT 1. These two writ petitions raise an issue of violation of human rights at the hands of the Electricity Board. Two persons were going on a bicycle when high tension cable of the Bihar State Electricity Board broke and both were electrocuted on the spot. Prima facie, the reports of the authorities themselves accept this fact. Petitioners, who are dependent, have been moving the authorities for fixing responsibility and for just and adequate compensation for untimely demise of their bread-earners by, prima facie, act of negligence violating their rights. It is submitted that denial of compensation in such an event is direct infringement to Human Rights. In my view, in this summary jurisdiction there may be difficulty in adjudicating upon basic fact. The State Human Rights Commission has adequate machinery and provision to make all such enquiry and decide the issue including recommendation with regard to grant of compensation. That, in the facts of the present case, would be a more appropriate forum for the petitioners to agitate the matter. 2. I, therefore, direct the petitioners of both the writ petitions to make appropriate applications before the State Human Rights Commission, which would deal with it in accordance with law for redressal of grievance and complaints of the petitioners at the earliest possible. 3. In view of these observations, learned counsel for the petitioners seeks leave to withdraw these applications to move State Human Rights Commission. 4. Leave is granted and the writ petitions are accordingly permitted to be withdrawn.