सव
भव तु सिखनः
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sion considered the report submi ed by the authority in
the instant case. Since the charge- sheet was submi ed
against the accused for commi ng the offences U/ Sec.
323/ 341/ 504/ 376/ 376(2)(n)/ 376D IPC and Sec on 3/ 4/
16/ 17 POCSO Act along with Sec on 3(2)(va) SC/ST Act
before the Hon'ble Court and further in terms of the
direc on of the Commission, the compensa on of rupees
one lakh was paid to the vic m of the case bearing FIR No.
133/2020 and an amount of Rs. 2,06,250/- was paid to the
vic m in FIR vide proceedings dated 16 March 2020, the
Commission considered the said report and directed to
the SSP, Firozabad, to send the reasons for delay in
registra on of FIR in the ma er, ac on taken against the
guilty officials, details of arrest of the absconding accused
persons and ac on taken against them, details of
Mandatory Monetary Relief to vic m under SC/ST (PoA)
Act, and details of security provided to the vic ms.
Pursuant to the direc on of the Commission and
condi onal summons issued by the Commission vide its
proceedings dated 01 February 2021, the Commission
received an old report dated 31 January 2020 from the
Superintendent of Police, Firozabad, which had already
been considered by the Commission vide its proceedings
dated 16 March 2020.No. 238/2020. The ma er was
closed by the Commission on 29 August 2022.
3.) Tragic Loss of Two Lives at Kondli Sewage Treatment
Plant, East Delhi.
(Case No: 2231/30/2/2022)
The Commission encountered a distressing news report in
The Times of India dated 31 March 2022. The report, tled
"Two bodies fished out of sewage plant pit at Kondli",
detailed a tragic incident on 30 March 2022. They lost
their lives a er falling into a pit at a sewage treatment
plant in Kondli while repairing a motor. Fire officials
responded to an emergency call, but the vic ms couldn't
be saved and were declared dead at the hospital.
Upon taking cognizance of this ma er, the Commission
promptly sought relevant reports from the concerned
authori es. Following a comprehensive review of the
submi ed reports, on 07 September 2022, the Commission took ac on. It issued a no ce under Sec on 18 of the
PHRA to the Chief Execu ve Officer of the Delhi Jal Board
and government officials from the relevant department.
This no ce requested a response regarding why the
Commission should not pursue criminal prosecu on due
Chapter 7 - Thematic Areas
to negligence. The primary concern was the failure to
provide safety equipment, as s pulated in the Commission's Advisory against public servants, issued on the 29
April 2021.
In response to this no ce, the Chief Engineer (SDW) of the
Delhi Jal Board submi ed a comprehensive report. They
firmly asserted that there had been no negligence on the
part of the Delhi Jal Board in implemen ng either the
provisions of the PEMSR Act, 2013, or the Advisory issued
by the Commission. Consequently, they urged the
Commission not to ini ate criminal proceedings against
the Delhi Jal Board or its officials.
Nevertheless, during the Commission's delibera ons on
the ma er, a cri cal issue came to light. It was observed
that while an Instruc onal Order had been issued,
instruc ng employers to adhere to guidelines concerning
the implementa on of the Prohibi on of Employment as
Manual Scavengers and their Rehabilita on Act, 2013,
and the Rehabilita on Rules, 2013, the actual contractual
details between the employer and the Delhi Jal Board
were conspicuously absent. This was of utmost importance since the responsibility of providing safety gear to
workers could not be solely shi ed to the hiring agency
based on a contract. Consequently, the Commission
requested an examina on of the standard contract used
by the Delhi Jal Board for hazardous cleaning work in
sewage. Furthermore, the Commission noted that the
reply from the Delhi Jal Board failed to address the no ce
issued to the Chief Execu ve Officer regarding negligence
in providing safety gear to the deceased employees, who
had been employed by a contractor. The Commission
s pulated a response within four weeks.
In response to these direc ves, the Chief Engineer (SDW)
of the Delhi Jal Board provided clarifica on. They stated
that the work undertaken was exclusively for the operaon of the 45 MGD STP Phase-IV at Kondli and did not
involve any hazardous cleaning or scavenging ac vi es.
The maintenance of all electrical and mechanical equipment fell within the department's purview. They acknowledged that contract condi ons could vary depending on
the nature of the work. The department had provided
one- me safety equipment to the contractor due to the
hazardous nature of the area. The contractor bore the
responsibility of judiciously using these safety gears, and
departmental officials conducted regular site inspec ons.
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