BEENA BHATTACHARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents-Railways.

(2.) The present writ petition has been filed claiming the following reliefs :-

(3.) The short facts, according to the petitioner, are that the husband of the petitioner namely, Soumendu Bhattacharya while working as Senior Sec. Engineer (Works/Planning), East Central Railway, Sonepur on 14/6/2016 was deputed along with the Senior Divisional Engineer-2, East Central Railway, Sonepur to participate in CRS Kolkata Inspection at Narayanpur Gauchhari Sec. scheduled to be held on 15/6/2016. On 15/6/2016, while the husband of the petitioner was performing the technical work at Narayanpur-Gauchhari Sec. along with other staffs, he suddenly fell down at 7:15 hours and got injured. The Pharmacist of the Railway Hospital immediately gave him the first aid. When his condition deteriorated, he was referred to Civil Hospital, Begusarai from where he was referred to Heart Care Hospital, Begusarai and lastly he was referred to Global Hospital, Begusarai where he succumbed to his injuries during treatment. The petitioner being wife of the late employee lodged an FIR on 15/6/2016 bearing Rail P.P Maheshlhoot U.D. Case No. 04/16 stating therein that her husband was on duty since last night 14/6/2015 and on the next morning in course of his duty, he suddenly fell down and became unconscious and was taken to the Hospital and he died during treatment. The Post Mortem of the husband of the petitioner was conducted on 15/6/2016, which shows that the deceased sustained external injuries followed by Heart and blood clot present inside the left ventricles. A combined Report dtd. 15/6/2016 has been prepared by the officials concerned of Railway with opinion that the death occurred during the course of performance of railway duty. The husband of the petitioner died in course of his duty of measurement work, when the deceased suddenly fell down on the Railway Track and sustained injuries. The Rail Police after enquiry/investigation of the matter submitted its Final Report on 30/6/2016 before the court of learned Railway Magistrate.