IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16923 of 2009 1. SHAKUNTALA KUNWAR W/O LATE NIRGUN SINGH R/O VILL.- UDAWANTNAGAR, P.S.- UDWANT NAGAR, DISTT.- BHOJPUR 2. SUDHIR KUMAR SINGH S/O LATE NIRGUN SINGH R/O VILL.- UDAWANTNAGAR, P.S.- UDWANT NAGAR, DISTT.- BHOJPUR 3. RANDHIR KUMAR SINGH S/O LATE NIRGUN SINGH R/O VILL.- UDAWANTNAGAR, P.S.- UDWANT NAGAR, DISTT.- BHOJPUR Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, ELECTRICITY DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE SECRETARY, ELECTRICITY DEPARTMENT GOVT. OF BIHAR, PATNA 4. THE DEPUTY SECRETARY, ELECTRICITY DEPARTMENT GOVT. OF BIHAR, PATNA 5. THE EXECUTIVE ENGINEER, ELECTRICITY DEPARTMENT GOVT. OF BIHAR, PATNA 6. THE REGIONAL EXECUTIVE ENGINEER ELECTRICITY DEPARTMENT, ARA, BHOJPUR, GOVT. OF BIHAR, PATNA 7. THE SUPERINTENDENT ELECTRICITY DEPARTMENT, ARA, BHOJPUR ----------- For the Petitioners: M/s Aditya Narain Singh No. 1 and Jitendra Kumar Singh, Advocates For the Board : Mr. Vinay Kirti Singh For the State : GP 20 ------ 2. 13.12.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel for the Bihar State Electricity Board. Despite the fact that the writ petition was filed in November 2009 after serving two copies of the writ application in accordance with the High Court Rules on both the Counsel for the State and the Board, the second copy intended for the respondents to expedite filing of a counter affidavit to assist the Court in timely dispensation of justice, nonetheless both the State and the Board have not considered it their duty to assist the Court in timely and quick dispensation of justice by filing a counter affidavit even one year later. When the matter is called out a common prayer is made on behalf of the Board and the State to adjourn the matter for filing of a counter affidavit. The Court declines such prayer. The counter affidavit if filed would certainly have helped the Court in timely and quick dispensation of justice bringing a 2 finality to the issue. The respondents do not stand in the position of an adversarial litigant where two private parties contest a case. It is expected that in the future the respondents shall be more alert for protection of their own interest and shall file counter affidavit in time. The claim in this writ application is for grant of compensation to the wife and family members of the deceased. The deceased is alleged to have been electrocuted by electricity current in his agricultural field. The contention of the petitioners is that the wires were in negligent condition sagging to an extreme extent leading to the accident. A FIR under Section 304- A IPC was also registered as Udwant Nagar PS Case No. 248 of 2008 on 9.11.2008 against the Electrical Superintending Engineer and the Electrical Executive Engineer at Bhojpur. The Post Mortem Report confirms death by electrocution. Counsel for the Board submits that the matter may be referred to the Human Rights Commission. The Court does not consider it necessary at this Stage. Counsel for the State submits that he is unable to make any submission in absence of necessary instruction. The law with regard to grant of compensation on account of death by electrocution alleging negligence stands well settled. Compensation can be paid only in cases of apparent negligence and not where the facts itself be in dispute. Learned Counsel for the petitioners fairly submits that he is not aware of the developments that may have taken place in the police case. The deceased is alleged to have been accidentally 3 burnt on 11.9.2008 and expired on 16.9.2008. A bare perusal of the Post Mortem Report shows that his body did bear sign of electrocution with burns of approximately 45 %. If the FIR had been lodged on 9.11.2008 this Court expects that the final police report must have already been submitted by now because if it has not been submitted it is a very serious matter with regard to the duties of investigation provided for under the Cr.P.C. The Superintendent of Police, Bhojpur is directed to ensure that the police report that may have been submitted in the Court in Udwant Nagar PS Case No. 248 of 2008 be sent to the Secretary, Electricity Department, Government of Bihar at Patna within a maximum period of one week from the date of requisition by the Secretary, Electricity Department. If no police report has been prepared nonetheless the Superintendent of Police is directed to ensure that the appropriate report under the Cr.P.C. is made available to the Secretary within the same time. The respondent Board is obliged to produce all original contemporaneous documents from its records before the Secretary, Electricity Department within a week also. The Secretary, Electricity Department, shall then grant a personal representative hearing to the petitioners as also to the officials of the State Electricity Board enabling the exchange of the stand taken by each against the other and then proceed to pass a reasoned and speaking order on behalf of the Government with regard to the claim for compensation. In the event of the failure of the respondents or either of them to place necessary materials before the Secretary within 4 one week, the Secretary shall be at liberty to draw adverse inference also. This Court has been left with no option but to pass an order of the present nature in view of the reluctance of the State Government and the Board to file a counter affidavit. Let such order be passed by the Secretary, Electricity Department, reasoned and speaking in nature within a maximum period of eight weeks from the date of receipt and/or presentation of a copy of this order. It is expected that if the Secretary finds any justification in the claim of the petitioners or in any part of the claim necessary consequential orders shall be passed within the same period. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)