However, it was pleaded that the omission and commission on the part of the CGHS's employee was inadvertent and unintentional. He tendered an apology and requested the Commission to drop the case. The Commission, vide proceedings dated 30 July 2007 recommended to the Director, CGHS to pay an amount of Rs. 1 lakh to the complainant as the allegations of omission/commission on the part of CGHS employees were admitted by the Directorate, in response to the show-cause notice. The Government has preferred a CWP No. 9776/2007 in the High Court of Delhi against this recommendation and the matter is under consideration of the Court. 6.287 Further, in case No. 653/6/2002-2003-CD, a convict named Kaluji, aged 22 years, was undergoing a sentence in jail. He was killed by co-prisoners on 31 January 2003. The Commission, vide its proceedings dated 3 September 2007, recommended monetary relief of Rs. 2 lakhs to the next of kin of the deceased on the ground that the State had failed to protect the life of the prisoner. In response to the said recommendations, the State Government requested the Commission to defer the matter since the father of the deceased had filed a petition in the High Court of Gujarat. Hence, the Commission thought it proper to await the outcome of the case in the High Court and as such the compliance has been held up. 6.288 In addition to the above, compliance reports have not been received in 12 cases for the period from 1999-2000 to 2006-2007 (Annexure 9). The details of these cases have been reported in the previous Annual Reports of the Commission. 6.289 Out of these 12 cases, the respective State Governments have challenged the recommendations in 3 cases (Annexure 10). These cases are pending before the respective High Courts. vvv National Human Rights Commission 89

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