4.53 Hence, the Commission directed to issue a notice to the Government of Gujarat requiring it to show cause as to why monetary relief u/s 18 of the Protection of Human Rights Act, 1993 be not recommended to be paid to the next of kin of deceased Rupabhai. The Chief Secretary, Government of Gujarat was asked to respond to the show cause notice within six weeks. 4.54 In response to the show cause notice, Deputy Secretary, Home Department, Government of Gujarat pointed out that the Additional Civil Judge, who inquired into the circumstances of death did not make any adverse remark against the police in his report. It was contended by the State that the deceased had taken wrong advantage of the right of privacy and went inside the latrine and committed suicide. 4.55 Upon consideration of the reply of the State, the Commission observed that the incident took place in the latrine and the accused person undoubtedly had the right of privacy but the response of the State has to be considered as a whole. The Commission emphasized on the following part of the response of the State: “In this case, if the police staff had been vigilant, the unfortunate incident could have been averted and for this investigation was started and as per recommendation of the inquiry report, ASI Ramjibhai Bhurjibhai was given punishment to stop one increment for one year (with future effect) and PSI T.B. Rathod was given punishment to stop one increment for six months (without future effect).” 4.56 Considering that two police officers were punished for negligence in connection with the death of Rupabhai, the Commission in its proceedings dated 19.07.2014 further observed that the State cannot escape its vicarious liability and therefore, recommended to the Government of Gujarat to pay an amount of Rs. One lakh as monetary relief to the next of kin of deceased Rupabhai. Chief Secretary, Government of Gujarat was asked to submit compliance report with proof of payment within six weeks. 4.57 On receipt of proof regarding payment of Rs. 1.00 lakh as recommended by the Commission to Shri Bhoj Bhai, brother of deceased Rupabhai Jalmabhai by the Government of Gujarat, the Commission closed the case. 7. Death of Undertrial due toHanging from Iron Rod Affixed on Roof of Lock-up in Ahmednagar, Maharashtra (Case No. 4099/13/1/08-09-JCD) 4.58 The Commission received an intimation from District Magistrate, Ahmednagar regarding the death of one Biranya Chingya Bhosle in the lockup on 8.3.2009 by hanging from the iron rod affixed on the roof of the lockup. Deceased was an accused of Case Crime 40 National Human Right Commission Annual Report - 2014-2015