HIRAMUNI DEBI Vs. STATE OF BIHAR & ORS

JUDGEMENT

(1.) Heard Sri Sanjiv Sharan, learned counsel for the petitioner and Sri Anil Kumar Verma, learned AC to AAG No. 9.

(2.) The petitioner, who is widow of Ex -Army personnel and while serving as Special Auxiliary Police ( hereinafter referred to as "S.A.P.") in the State Government and died, has approached this Court invoking its writ jurisdiction under Article 226 of the Constitution of India, with a prayer to issue writ of mandamus directing the respondents to pay Rs. 10,00,000/- (Rupees Ten Lacs Only) as ex -gratia amount.

(3.) As pleaded, the husband of the petitioner namely Sri Ganesh Singh, who was Ex -Army Personnel after the scheme was launched by the Government of Bihar for appointing Ex- Army personnel as S.A.P. applied and appointed and he was provided S.A.P. No. 199. While the husband of the petitioner was posted in Lakhisarai he had shown many example of his ability and bravery and as such, he had become eye sore of local anti -social elements. On 23.5.2006 while the husband of the petitioner was on duty he was killed by criminals / anti- social elements brutally and he was beheaded. The headless dead body of the husband was subsequently found. Thereafter an F.I.R. vide Lakhisarai P.S. Case No. 193 of 2006 was registered for the offence under Section 302, 201, 120(B) of the Indian Penal Code against unknown. Since it was death on duty the concerned Superintendent Of Police vide Annexure - 2. to the writ petition i.e. an order contained in letter no. 1733 dated 12.7.2006 recommended the case of the husband of the petitioner for grant of ex- gratia amount to the tune of Rs. 10,00,000/- (Rupees Ten Lacs Only) . It has been pleaded that the said recommendation was made in view of Government Resolution dated 12.11.2005 which speaks about payment of Rs. 10,00,000 /- (Rupees Ten Lacs Only) ex- gratia amount in case of death while on official duty by extremist or any criminal activity. Even though the Superintendent Of Police had found the case for grant of ex- gratia and recommendation was made, no payment was made. Thereafter, the petitioner was constrained to approach this Court by filing the present writ petition which was filed on 8.10.2007. After filing of the writ petition a counter affidavit on behalf of the respondent no. 6 i.e. Superintendent Of Police, Lakhisarai was filed on 14th February 2008 and communication issued by the Under Secretary, Home (Police) Department addressed to the Inspector General of Police (Personnel) has been brought on record as its annexure. The claim was rejected on the ground that death had not occurred during official duty. A plea was taken in the counter affidavit that after registering F.I.R. in respect of death of husband of the petitioner, the case was thoroughly investigated and during investigation it was found that the husband had visited a village where he consumed intoxicant and in course of intoxication some altercation had taken place with local people and in the said incident he was done to death. Initially, first charge-sheet was submitted against two accused persons and investigation was kept pending.