NATIONAL HUMAN RIGHTS COMMISSION submitted a written complaint with GRP PS, Puri, but they did not register the same and rather pressurized the victim to compromise. The complainant sought action against the erring officials. 4.122 Pursuant to Commission’s directions dated 12.06.2014, the Superintendent of Police, Railways, Cuttack, informed that on the report of the victim Dr. Deba Prasad Pattanaik, case No. 34 u/s 341/323/294/307/506 IPC was registered on 02.06.2014 at Puri GROP. During investigation, it was ascertained that Home Guards Subash Ch. Pradhan & Biswajit Mohanty were on duty in the Puri-Howrah Jagannath Express Train from Puri Railway Station to Khurda Road Railway Station on the day of occurrence. After Delanga Railway Station, H/G Subash Ch. Pradhan asked the victim to produce his ticket, who was travelling in an almost vacant sleeper coach. When he denied showing the ticket, there was an exchange of heated words. As a result, the victim was assaulted with lathi. The Home Guard also used filthy language at him. Victim was medically examined. Four injuries were noted by the doctor in his MLC. The nature of injuries was simple. The victim was not in possession of a valid ticket at the time of incident. The report concluded that the case had been supervised by OPS, DSRP, Khurda Road Zone, who found the case is a true case u/s 341/323/294 IPC against the accused HG Subash Ch. Pradhan and evidence u/s 307/506 IPC could not be substantiated. Since there was evidence against the accused HG Subash Ch. Pradhan, he was arrested by the Investigating Officer and forwarded to the court. 4.123 The Commission considered the matter on 15.10.2015 and observed that the passenger Dr. Deba Prasad Pattanaik, who was travelling in a sleeper coach of the Howrah-Puri Jagannath Passenger Train was brutally assaulted by HG Subash Ch. Pradhan, who was on duty in the train, with lathi and caused injuries on different parts of his body. The victim was also abused in filthy language by the public servant. Therefore, the human rights of the victim have been violated, for which the Railway was vicariously liable. The Commission, therefore, issued a notice u/s 18(a)(i) of the PHRA, 1993 to the Chairman, Railway Board, Ministry of Railways, New Delhi, to show cause, within six weeks, as to why the Commission should not recommend monetary relief to the victim Dr. Deba Prasad Pattanaik. 4.124 Pursuant to the direction of the Commission the Deputy Director/SEC (Crime) Railway Board informed that the accused home guard against whom the case had been registered by the Government Railway Police of Odisha State, works under the State Police of Odisha State. 4.125 The Commission vide proceedings dated 07.11.2016 recalled the show-cause notice issued to the Chairman Railway Board, Ministry of Railways, New Delhi and directed to issue a notice to the Chief Secretary, Government of Odisha calling upon him to show cause as to why the monetary compensation of ` 50,000/- (Rupees Fifty Thousand only) should not be recommended u/s 18(a)(i) of PHRA, 1993 to be paid to the victim Dr. Deba Prasad Pattanaik for violation of his human rights by the public servant. ANNUAL REPORT 2016-2017 67

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