Annual Report 2008-2009 4.166 Keeping in view the gravity of the situation, the Government of Orissa ordered an enquiry into the matter by the Revenue Divisional Commissioner, Sambalpur. The enquiry disclosed that in the incident, 222 people were affected. Out of them, one died and the rest became unwell. A financial relief of Rs. 2, 57,500 was awarded to all the affected victims at the rate of Rs. 500, Rs. 5,000 and Rs. 15,000 respectively. 4.167 The views of the complainants were also elicited in the report. It was submitted by one of the complainants that a sum of Rs. 10, 00,000 be paid to the next of kin of the deceased. 4.168 The Commission furthermore obtained a copy of the Enquiry Report from the Divisional Commissioner, Northern Division, Sambalpur. The report revealed that there was a significant lapse on the part of the Railway authorities who failed to inform the District Administration instantaneously on the gas leakage. The resultant effect of all this was that relief and rescue measures were gratuitously delayed by at least half-an-hour. The report also revealed that adequate financial relief amounting to Rs. 1,00,000 in the case of the deceased, Rs. 10,000 in the case of all those grievously affected and Rs. 2,500 in case of those who were not grievously affected, was paid by the Railway Administration, i.e. Divisional Railway Manager, East Coast Railways, Sambalpur. In addition, the report pointed out towards the fact that the Railways did not have the required technical knowhow to handle the water treatment plant. The Divisional Commissioner, Sambalpur had also made certain suggestions relating to training of operators, handling of chlorine gas, installation of leakage detection/alarm system, need for leakage testing kit, life saving equipment like breathing apparatus, gas mask and awareness programme on ‘Do’s and Don’ts’ concerning handling of chlorine, etc. 4.169 Accordingly, it was directed by the NHRC that a copy of the enquiry report be sent to the Divisional Railway Manager, East Coast Railways, Sambalpur with a request that an action taken report be sent to it immediately. 4.170 The action taken report received from the Divisional Regional Manager, Sambalpur, has ruled out the possibility of an unfortunate incident like this again in the future. Keeping in view the fact that the victims and the next of kin of the deceased had already been given financial relief and the fact that the Divisional Regional Manager, Sambalpur had taken appropriate action to rule out the possibility of an incident like this again, the NHRC did not call for any further action in the matter and closed the case. C. Follow-up a) Action Taken on Cases Reported in the Annual Reports of 2004-2005 & 2005-2006 1. Violation of Human Rights by Panchayat in Baghpat, Uttar Pradesh (Case No. 16755/24/2005-2006-WC) 55

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