PUSHPA DWIVEDI Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Rule. With the consent of the parties, writ petition is taken up for disposal.

(2.) Petitioner, widow of Mr.Rajesh Narain, Ex. Constable, has filed this writ petition, seeking lump sum Ex- gratia payment of Rs.5 lacs for the members of the bereaved family. Petitioner's husband late Mr.Rajesh Narain was a Constable in Delhi Police with Badge No.2092/NW. It is the petitioner's case that her husband was posted at P.S. Mangolpuri as a Beat Officer. He met with an accident during night patrolling duty. The face of the petitioner's husband was found drowned in muddy water in a pit and his scooter was found with the running engine facing the direction of Police Station. Petitioner claims that her husband was going for patrol duty from his house to report to the Police Station, when this episode happened. The cause of death was given as death due to "Asphysia due to blockage of respiratory tract by muddy water". The submission of the learned counsel for the petitioner in support of grant of Ex-gratia compensation is that death occurred, while the deceased was going to the work place for performance of his official duty. Learned counsel laid considerable emphasis on the fact that the Additional Commissioner of Police had recommended the case for the grant of compensation and hence it was not open for them to now urge that the death did not occur in the course of performance of official duty. He submits that once the accident has taken place while the deceased was going to perform his duty, the claim cannot be negated by raising the plea of absence of a causal connection.

(3.) Respondent had filed an affidavit, followed by an additional affidavit. The plea of the respondent is that the deceased had not reported for duty before patrolling. The deceased was to report for duty at the Police Station, which had not happened in this case. Hence, it could not be said to be a case of accident, taking place during the performance of duty. Secondly, Mr.George Paracken submits that there is no causal connection between the nature of accident and the performance of duty. It is submitted that in this case the cause of death is not such which could be relatable to the performance of official duty. Learned counsel for the respondent also points out that petitioner has been given compassionate appointment in place of her deceased husband apart from all retiral benefits. Reliance is also placed on the Office Memorandum dated 11.9.1998, giving the guidelines and illustrative cases of death attributable to accident while on duty. In the instant case, the Inquest Report records that the death was due to Asphysia due to blockage of respiratory tract by muddy water. The cause of death given in the report is that "MIRGY KA DAURA (Epileptic fit). This would suggest that following an epileptic fit due to a fall in the pit with muddy water resulted in death due to Asphysia. The Deputy Commissioner of Police had also recorded that the Constable was on treatment and medication.