Annual Report 2009-2010 (j) Other Cases 45. Suo motu Cognizance Concerning the Death of a Man Thrown out of a Train (Case No. 557/25/4/07-08) 4.283 The Commission on 6 September 2007 took cognizance of a news item which appeared in the ‘Times of India’ dated 3 September 2007 captioned “Thrown Out of Train by TTEs, Man Dies. As per the news item, one Suraj Pandey, aged 24 years, was caught travelling without a ticket by a team of five TTEs in a local train. He was fined Rs. 200/-, but he had only Rs. 40/with him and that too he was unwilling to part with. Anil Biswas, one of the TTEs suddenly plunged at the money that was in Suraj Pandey’s hand. This led to an altercation and in the process Suraj Pandey was pushed. As the team of TTEs was standing near the gate of the compartment, Pandey fell down near a level crossing and was run over by the same train. 4.284 Pursuant to the directions of the Commission, the Superintendent of Police, G.R.P., Howrah, West Bengal, submi�ed a report confirming the incident in question. The report further stated that FIR No.7/07 dated 1 September 2007 u/s 336,308 read with section 34 IPC had been registered at General Railway Police Station Katwa against the TTE Anil Biswas and others. Section 304 IPC was added to the FIR later on. 4.285 The report received form the Superintendent of Police, G.R.P., Howrah, revealed that prima facie, a case under Section 336 and 304 IPC read with Section 34 IPC had been established against the five TTEs, though investigation was still pending on account of non-receipt of the viscera report from the FSL, Kolkata. 4.286 The Commission thus issued a notice under Section 18 (a) (i) of the PHRA to the Secretary, Railway Board to show-cause as to why compensation should not be recommended to be paid to the next of kin of the deceased. 4.287 The grant of monetary relief to the next of kin of the deceased was opposed by the Railways on the following grounds:• • Since criminal case has already been registered against the Railway employees by the G.R.P. and the same is now sub-judice in the court of law, it will not be proper to come to a conclusion at this stage that owing to misconduct on part of the railway employees the untoward incident took place. Only the Railway Claims Tribunal is competent to award compensation in respect of death of Suraj Pandey. 4.288 Rejecting the above objections, the Commission observed that the Superintendent of Police, G.R.P., Howrah, has already stated in his report that prima facie a case under Section 336 and 304 IPC read with Section 34 IPC has already been established against the five TTEs during the investigation. This is sufficient to charge, the delinquent TTEs concerned, with the violation of human rights of the deceased and there is no need to wait for the decision of the court in the ma�er for grant of monetary compensation to the next of kin of the deceased. As to the second objection, the Commission observed that the Director, Traffic Commercial (G), NHRC 63