47.
Sochan Dies Waiting for His Retirement Benefits Held by North Eastern Railways, Varanasi
(Case No.37757/24/2000-2001)
6.202 On 13 February 2001, Sochan made a complaint to the Commission about non-payment of
retirement benefits from North Eastern Railways. The Commission directed transmitting of the
complaint to the Chairman, Railway Board, New Delhi to look into the grievance, take appropriate
action and submit an action taken report. No report was received despite reminders. Meanwhile
Sochan passed away.
6.203 Upon perusal of reports, the Commission observed that an employee not getting his
legitimate dues in his lifetime is a serious matter. In this case the complainant died still waiting.
The Commission held that the Railway Department had violated the human rights of the
complainant by delaying payment of his dues and issued notice u/s 18(a) (i) of the PHRA, calling
upon the Chairman, Railway Board to show-cause as to why the Commission should not
recommend compensation to the next of kin of the complainant (now dead) for violation of his
human rights. The Commission further directed Chairman, Railway Board to initiate
departmental inquiry against all those officers/officials responsible for the delay in release of the
legitimate dues of the complainant and also to re-examine whether all the dues have been paid to
the widow as per the Rules. He was also asked to report clearly whether any interest has been paid
to the widow of the deceased on delayed payments and the amount thereof. The matter is under
consideration of the Commission.
C.
Commission's Camp Sitting at Patna, Bihar
6.204 A Camp Sitting was held by the Commission at Patna in Bihar from 17 to 19 May 2007. In
three days, 44 cases of Full Commission and 341 cases related to single Members were considered.
30 cases of Full Commission and 125 cases relating to Single Members were disposed off. As a
result of the decisions taken, the State Government paid Rs. 7,60,000 to six victims whose human
rights had been violated. It submitted proof of payment of Rs. 1,00,000 each to the next of kin of two
victims of custodial deaths. The State Government, further, undertook to file proof of payment in
four cases.
6.205 The Commission also recommended monetary relief amounting to Rs. 14, 25,000 in 10
cases, which included eight cases of custodial deaths, in which the total recommended payment to
the next of kin of the deceased was Rs. 11,25,000.
6.206 In 19 other cases, the Commission, after considering the reports and giving a hearing to the
representatives of the State Government at Patna, was prima facie of the view that human rights of
citizens had been violated. The Commission proposed to issue notices to the Chief
Secretary/Director General of Police for monetary relief in these cases.
6.207 During the course of the Camp Sitting at Patna, the Commission received complaints and
reports regarding several other cases of human rights violations (including both custodial and
70 National Human Rights Commission