CW 15358/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.15358/2009 Ramesh Singh Versus State & Ors Date of Order ::: 04/01/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Ravi Meena, for petitioner. Petitioner is presently working as Labour in P.M.Chem-Tec Dyes & Chemicals (HA Products). As alleged, on 01/01/2009 at about 2 A.M. There was a leakage of chlorine gas in an adjoining unit of M/s Lord Cholro Alkali Ltd situated at plot No.460, Matsya Industrial Area, Alwar – as a result whereof, petitioner suffered from asthmatic attack as has been certified by doctor vide document dt.16/05/09. Counsel submits that petitioner is entitled for reimbursement of medical expenses besides adequate compensation for his permanent disability having been caused due to leakage of chlorine gas. In the opinion of this Court, submission made by counsel is without substance for the reason that if it is a case of negligence on the part of respondent-3 due to leakage of chlorine gas from its unit, what will be its effect if any in regard to deformity having been suffered by him. In the CW 15358/09 //2// absence of any evidence being led by the parties, based on the facts on record about alleged negligence cannot be examined by this Court U/Art.226 of the Constitution. Consequently, writ petition is dismissed. However, petitioner will be at liberty to avail of remedy under law. (Ajay Rastogi), J. K.Khatri/p2/ 15358CW09-Jn4-DsRmdy.doc