CHAPTER 4 ensure safety of human beings. It was also stated that all metallic fittings fitted on the pole had not been earthed properly and there was leakage of current in electrical installation of L.T. distribution box. While observing that this negligence caused the electrocution of the victim Rajiv Sharda, the Commission issued a notice u/s 18 of the Protection of Human Rights Act, 1993 to the Secretary, Department of Power, Govt. of NCT of Delhi to show cause as to why monetary relief be not recommended to be paid to the next of kin of the deceased Rajiv Sharda. 4.175 Deputy Commissioner of Police, Vigilance, Delhi was also directed to inform the Commission within six weeks about the outcome of FIR No.323/13 u/s 304A IPC Police Station Dabri. 4.176 In response to the notice, the Government of NCT of Delhi submitted that the distribution of electricity in Delhi was privatized and therefore, the DISCOMS were not under the operational or administrative control of the Government of NCT of Delhi. 4.177 While rejecting the stand of the Government of NCT of Delhi, the Commission vide its proceedings dated 16.06.2014 inter alia observed and directed as under: “Whenever negligence has happened and the victim has suffered it is the primary duty of the Government to pay compensation though the distribution itself was allotted to some private agency. It is up to the Government to come to an agreement between the contracting agency and the Government that whenever negligence happened the compensation should have been paid by the private agency. Otherwise, the victim would be left without any remedy. Though the BRPL, the agency who made the supply is not a State coming within the purview of Article 12 of the Constitution, the Government of Delhi is solely responsible for payment of compensation. It may be noted that “At the time of inspection, the following provisions of the Central Electricity Authority (Measures relating to Safety & Electric Supply) Regulations, 2010 had not been complied with by the staff of BSES (RPL)” . The electrical installation of the said L.T. overhead lines had not been maintained in such a manner as to ensure safety of human being, animal and property in contravention of regulation 12 (1) of the said Regulations. All metal supports and all metallic fitting fitted on the said pole had not been earthed efficiently as the condition of the earth wire was corroded/rottened in contravention of the provisions of Regulation 72(1) of the said Regulations.” The Electricity authorities of the NCT of Delhi failed to oversee this violation and, in a way also, there is primary responsibility on the part of the State Government to pay compensation. National Human Right Commission Annual Report - 2014-2015 67