BEFORE THE HON’BLE NATIONAL HUMAN RIGHTS

COMMISSION
(LAW DIVISION)

Re:- In the matter of NHRC Case No. 4037/18/7/2014

The tragic Non-Fatal incident of Shri Bipin Barik,

of Village –Dhobapitana is submitted as under.

1. That, it is humbly submitted that, neither the Organization nor

any of its Official(s)/Staffs, in any way is connected with the
alleged incident / accident.

2. That brief matrix of the fact that the poll was standing erect and
upright. On dated 23.09.2014 at 10.30 a.m. (approx.) due to
severe cyclonic storm the stay wire of the tapping pole point got
dislocated. Then the position of poll was changed in a swinging
way to the reverse side. Thereupon, the conductors sagged
resulting the alleged unfortunate incident. The construction of
11 KV, line work, Katrabada feeder near Dhobapitana, was
carried down under RGGVY scheme. At that time the person
named Shri Bipin Barik aged about 50+ of village –
Dhobapitana, while passing under the sagged line, and getting
closure to the conductor and due to induction the accident
occurred coincidentally and he suffered mild electric shock. It is
pertinent to mention here that the report of the Lineman,Sri
Udman Munda, in clear and categorical terms does not whisper
a single word either about any negligent act or speak any
solitary remark on the defective maintenance on the part of any

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 staffs/ employees/officials of Nesco. Rather it discloses the fact
that due to the wet soil/earth, the pole leaned against, which
caused the sagging of the 11KV line there by the victim got
injured.( Copy enclosed).(Annexure-I)

It is not out of place to mention here that Department takes the

whole responsibility for maintenance of the system by periodical
surveys through its officials/Staffs, at the same time
responsibility on the public to bring the knowledge of the
Department cannot be overlooked. This instant accident due to
sagging of LT lines & could have been avoided on the same
road by way of a demarcation & also availing the other part of
the road till eradication measure by the Department, which was
duly taken up by the Department after the unfortunate incident.

3. However, the victim was shifted to District Headquarter

Hospital, Keonjhor and was treated there and the local Section
Office-in-charge, the concerned Junior Engineer as a good
gesture took all possible care of Shri Bipin Barik and then he
was relieved from hospital without any fear. The Junior
Engineer has met all treatment of Shri Bipin Barik.

4. That, it is pertinent to mention here that, after the above noted

non-fatal Accident, the concerned Junior Engineer (Electrical),
Dhenkikote Electrical Section, NESCO, promptly and
immediately, without any little bit delay, lodged a First
information Report, dt.23.09.2014, before the Inspector – In –
Charge, Ghatagaon Police Station, Ghatagaon copy of which
is attached as Annexure-II.
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5. That, it is to mention here that, as per the mandate of Law, the
concerned Junior Engineer (Electrical), Dhenkikote Electrical
Section, NESCO brought this matter to the knowledge & notice
of the Electrical Inspector, by way of giving the required Report,
on Dt. 28.09.2014, which copy is attached as Annexure-III.

6. The inquiry report of Sub-Divisional Officer( Electrical),

Ghatagaon, Keonjhar and Medical report(discharge certificate)
declaring Shri Bipin Barik in good condition are enclosed as
Annexure- IV and V respectively.

7. That, it is to apprise that the same 11 KV Line is drawn from

Dhenkikote to Katrabeda feeder for Supply of Electricity to
about 3000 nos. of consumers and for un-interrupted power
supply to this area & for its maintenance purpose one S.D.O,
one J.E & two Linemen and other supporting staffs are
engaged by NESCO.

8. That, it also transpires from the records that, the incident has
occurred at 10.30 a.m. approximately, and in broad day light,
where sagging of wires are quite visible and the villagers are
aware that the wires are meant for supply of electric current for
their consumption but until accident, none of the Officers/staffs
were cognizant about the alleged sagging of electric wire in as
much as no prior intimation was given to any of the NESCO
Authorities/ Local Office of NESCO and the aforesaid
unfortunate accident occurred in a sudden manner that officials
of NESCO could not take necessary step to prevent the

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 accident. The unfortunate Cyclone is act of God which was
beyond the control of the Licensee and they could not be held
liable for the same.

9. Therefore, it can be squarely concluded that the alleged non

fatal accident was/is solely attributable to the negligence of the
injured person. In fact, all possible and adequate steps / actions
were/are being taken by the NESCO
Officials/Employees/Staffs, at regular intervals and on regular
occasions.

10. That, under the above circumstances, it is humbly submitted

that, there was/is absolutely neither any “Negligence – of –
Duties” nor “Dereliction – of – Duties” on the part of any of the
NESCO Authorities. Therefore it is prayed before, the Hon’ble
Commission to reject the vexatious allegation made by the
petitioner.

. Executive Engineer (Elect.)

Anandpur Electrical Division
Anandpur.

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