DIPTI BORI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S Hoque, learned counsel for the petitioner, Mr. D Gogoi, learned counsel for the respondents No. 1 to 5 being the authorities in the Environment and Forest Department of the Government of Assam, Mr. A Chaliha, learned counsel for the respondent No. 6 being the Treasury Officer, Gola-ghat and Ms. N Lohe, learned counsel for the respondent No. 7 being the Accountant General (A&E), Assam.

(2.) The husband of the petitioner Golap Bori was appointed as a Forest Guard as per the appointment order dtd. 18/12/1992 and was posted at Dimow Forest Camp under the Eastern Range, Agoratoli of the Kaziranga National Park. All along his career, the husband of the petitioner remained as Forest Guard in the Eastern Range, Agoratoli of the Kaziranga National Park.

(3.) On 30/10/2003 at about 7.30 a.m., the deceased husband of the petitioner went for anti poaching patrolling duty inside the Eastern Range, Agoratoli of the Kaziranga National Park by riding a departmental elephant in the Dimow area. In course of performing such anti poaching patrolling duty, the husband of the petitioner was attacked by a rhino because of which he was severely injured and was immediately rushed to Bokakhat Rural Hospital for treatment. After preliminary treatment, he was referred to Golaghat Kushal Konwar Civil Hospital and thereafter to the Dibrugarh Medical College and Hospital for better treatment, but he could not survive and died on 23/11/2003 at Dibrugarh Medical College and Hospital because of the injuries sustained while performing the duties.