# Shiv Shanker Srivastava v. State of U.P. and others

- **Citation:** (2006) 1 ILRA 461
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2003-07-14
- **Case number:** Civil Misc. Writ Petition No. 13076 of 2003
- **Bench:** Sunil Ambwani
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/shiv-shanker-srivastava-v-state-of-u-p-and-others-40865
- **Pages:** 8

## Headnote

Constitution
of
India,
Art.
226Compensation-retired
Senior
Auditorapplied for medical reimbursement of
Rs.44,277/- dated 7.11.96 the Director
Medical Care send the Original Bills to
Joint Director Local Funds Accounts
Allahabad-4.3.97 to June, 2003 nothing
done-despite of Court's order payment
not made on 27.4.04 petitioner died due
to
want
of
fund-heirs
claimed
compensation of Rs. 6 Lakhs-courts
expressed its great concern with the
State
of
affairs
prevalent
in
the
government offices-Court can not sit
silent and be mute spectator for the
harassment of the citizens-for the loss
462 INDIAN LAW REPORTS ALLAHABAD SERIES [2006
caused to the family on account of
negligence of the Public officer 3 lakhs
compensation would be sufficient-payble
within 3 months alongwith Rs.44,272 as
cost of the pace maker installed in 1995
with 9% simple interest-keeping its
open
to
the
State
Govt.
to
fixed
responsibility
and
take
appropriate
disciplinary action for recovery etc.

Held: Para 19, 20 & 21

I find that Sri Shiv Shanker Srivastava, a
retired servant, was not only deprived of
the basis medical facilities, he was also
rendered helpless. He could not fight the
red tapism and the corruption prevalent
in the system. Had he gone to the office
of the Director General, Medical and
Health at Lucknow and bribed the
concerned persons, he may have been
reimbursed with the cost of the pace
maker and saved his life. This is the way
the Government function these days. The
Court takes judicial notice of the state of
affairs prevalent in the offices of the
government of Uttar Pradesh. If the
Courts also sit silent and be mute
spectator to such harassment by public
authorities, the citizens will have no
place to lodge complaint and seek
redressal.

The petitioner has prayed for damages of
Rs. Six lakhs for untimely loss of his
father, and the hardship caused to him
before his death. I find that half the
amount
of
the
damages
would
compensate, for the loss caused to the
family on account of negligence of the
office of Director General, Medical and
Health, U.P. shall be sufficient in the
interest of justice. This would also have
deterrent effect on the officers and warn
them of such claims in future.

The
writ
petition
is
allowed.
The
respondents
are
directed
to
pay
Rs.44,272/- as cost of the pace maker
installed in 1995, along with 9% simple
interest per annum to the petitioner. A
writ of mandamus is also issued to the
respondents to pay compensation to the
family of the petitioner of Rs. Three
Lakhs for the untimely loss of his father
harassment, mental agony and hardships
caused to the family to be paid to his son
substituted as petitioner in this writ
petition. The entire amount shall be paid
to him for the benefit of the family of the
deceased, within three months from the
date of production of certified copy of
this order before the respondents.
Case law discussed:
AIR 1967 SC-1885
19973 (5) SCC-788
1878 (3) A.C.-430 (HC)
(1964 I AER-367
2004 (5) SCC-65

## Text

1 All] Shri Kant Arya V. M/s New Victoria Mills and others
461
17. Accordingly, for the foregoing
reasons,
the
impugned
order
dated
14.7.2003 cannot be said to be justified in
the case of the petitioner and this writ
petition is liable to be allowed. The
impugned order dated 14.7.2003, setting
out the cut off date of resignation of the
petitioner under the modified voluntary
retirement
scheme,
is
quashed,
but
however only in so far as it relates to the
petitioner. It is provided that the petitioner
shall be treated as on duty with effect
from 16.7.2003, and shall be entitled to all
consequential benefits including payment
of back wages etc. If the respondent mill
has been closed down in pursuance of the
notification of the Central Government
dated 9.3.2004 (as has been submitted by
the learned counsel for the respondentmill), it is directed that, after the closure
of the said mill, the petitioner shall be
entitled to all such benefits as other
employees were to get who were working
with the respondent mill as on the date of
its closure.

18. In the end learned counsel for
the petitioner made an oral prayer that the
case of the petitioner for absorption in any
other mill of the respondent-National
Textile Corporation may be considered.
The submission is that the petitioner was
initially appointed in Atherton Mills of
the National Textile Corporation which is
still in operation and it was only by virtue
of the petitioner being transferred to the
New Victoria Mills, which has been
closed down, that the petitioner would
have to face the consequences of
retrenchment.
In
the
aforesaid
circumstances, it is directed that in case if
there is any such scheme for absorption of
the employees of New Victoria Mills,
Kanpur and also in case if other
employees of the said New Victoria Mills,
Kanpur have been so absorbed after
closure of the said mill, the case of the
petitioner for absorption in some other
mill of the respondent-National Textile
Corporation may also be considered by
the Corporation, as expeditiously as
possible.

19.

With
the
aforesaid
observations/directions, this writ petition
stands allowed. No order as to costs.
Petition Allowed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 13.07.2005

BEFORE
THE HON'BLE SUNIL AMBWANI, J.

Civil Misc. Writ Petition No. 13076 of 2003

Shiv Shanker Srivastava
...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Sri Krishna Mohan

Counsel for the Respondents:
S.C.

Constitution
of
India,
Art.
226Compensation-retired
Senior
Auditorapplied for medical reimbursement of
Rs.44,277/- dated 7.11.96 the Director
Medical Care send the Original Bills to
Joint Director Local Funds Accounts
Allahabad-4.3.97 to June, 2003 nothing
done-despite of Court's order payment
not made on 27.4.04 petitioner died due
to
want
of
fund-heirs
claimed
compensation of Rs. 6 Lakhs-courts
expressed its great concern with the
State
of
affairs
prevalent
in
the
government offices-Court can not sit
silent and be mute spectator for the
harassment of the citizens-for the loss
462 INDIAN LAW REPORTS ALLAHABAD SERIES [2006
caused to the family on account of
negligence of the Public officer 3 lakhs
compensation would be sufficient-payble
within 3 months alongwith Rs.44,272 as
cost of the pace maker installed in 1995
with 9% simple interest-keeping its
open
to
the
State
Govt.
to
fixed
responsibility
and
take
appropriate
disciplinary action for recovery etc.

Held: Para 19, 20 & 21

I find that Sri Shiv Shanker Srivastava, a
retired servant, was not only deprived of
the basis medical facilities, he was also
rendered helpless. He could not fight the
red tapism and the corruption prevalent
in the system. Had he gone to the office
of the Director General, Medical and
Health at Lucknow and bribed the
concerned persons, he may have been
reimbursed with the cost of the pace
maker and saved his life. This is the way
the Government function these days. The
Court takes judicial notice of the state of
affairs prevalent in the offices of the
government of Uttar Pradesh. If the
Courts also sit silent and be mute
spectator to such harassment by public
authorities, the citizens will have no
place to lodge complaint and seek
redressal.

The petitioner has prayed for damages of
Rs. Six lakhs for untimely loss of his
father, and the hardship caused to him
before his death. I find that half the
amount
of
the
damages
would
compensate, for the loss caused to the
family on account of negligence of the
office of Director General, Medical and
Health, U.P. shall be sufficient in the
interest of justice. This would also have
deterrent effect on the officers and warn
them of such claims in future.

The
writ
petition
is
allowed.
The
respondents
are
directed
to
pay
Rs.44,272/- as cost of the pace maker
installed in 1995, along with 9% simple
interest per annum to the petitioner. A
writ of mandamus is also issued to the
respondents to pay compensation to the
family of the petitioner of Rs. Three
Lakhs for the untimely loss of his father
harassment, mental agony and hardships
caused to the family to be paid to his son
substituted as petitioner in this writ
petition. The entire amount shall be paid
to him for the benefit of the family of the
deceased, within three months from the
date of production of certified copy of
this order before the respondents.
Case law discussed:
AIR 1967 SC-1885
19973 (5) SCC-788
1878 (3) A.C.-430 (HC)
(1964 I AER-367
2004 (5) SCC-65

(Delivered by Hon'ble Sunil Ambwani, J.)

1. Heard Sri Krishna Mohan, learned
counsel for the petitioner and learned
standing counsel for respondents.

2. The amendment application dated
21.3.2005 was allowed on 22.3.2005. The
petitioner has carried out the amendments
and has filed the amended petition. On the
same date, the time was granted to the
learned standing counsel to file reply
amended petition. The respondent has not
cared to file any reply nor have sought
further time for that purpose.

3. Sri Shiv Shanker Srivastava, the
petitioner died on 26.7.2004 due to heart
failure leaving behind only son Sri Ajai
Kumar. The substitution application filed
by Sri Ajai Kumar dated 31.8.2004 is
allowed. The necessary endorsement shall
be made in the array of the parties.

4. Brief facts giving rise to this writ
petition are that Sri Shiv Shanker
Srivastava, the petitioner retired as Senior
Auditor on 30.6.1993 from the office of
Local Funds Account, Allahabad. He
suffered a heart attack on 10.6.1995. On
1 All] Shiv Shanker Srivastava V. State of U.P. and others
463
medical advise a permanent pace maker
Simence Pace Setter Model 2040-T Serial
No. 5140-62132 and Endo Cordial-G
Model 1400-T Serial No. 044073252
Rs.41,000/- was installed on the body of
the petitioner. The petitioner submitted a
medical claim of Rs.44,277/- as the total
cost of the pace maker and other medical
procedures.
5. The Director, Local Funds
Account, Allahabad forwarded the bills
on 26.6.96 for reimbursement to the
Director/Additional
Director
(Medical
Care) Swastha Bhawan, Lucknow, and on
7.11.1996 (Annexure No. CA-1) the Joint
Director,
Local
Funds
Accounts,
Allahabad sent the application for medical
claim of the petitioner along with original
documents to Under Secretary, Finance
(Local Funds Accounts) Department,
Government of U.P. for orders. The
Under Secretary, Finance (Local Funds
Accounts) by his letter dated 4.1.1997
returned the original bills/vouchers to be
examined
by
Additional
Director
(Medical
Care)
Swastha
Bhawan,
Lucknow
along
with
assentiality
certificate on prescribed forms to be
counter signed by the Director General,
Medical and Health, U.P.

6. Upon receipt of the letter from the
State Government dated 4.1.1997 the
Joint Director, Local Funds Accounts,
Allahabad sent the original bills/vouchers
to the Director (Medical Care) Swastha
Bhawan, Lucknow along with covering
letter dated 4.3.1997 with a request to sent
the approval to the State Government. At
this stage the matter came to standstill.
The documents were lying in the office of
Director
(Medical
Care)
Swastha
Lucknow from Marc, 1997 to June, 2003
(six years and three months). In between
the Director, Local Funds Account,
Allahabad sent number of reminders.
Annexure 4 to 10 to the writ petition are
these
reminders
dated
12.9.1997,
28.10.1997,
30.11.1998,
3.7.1999,
22.12.1999, 6.1.2001 and 18.6.2003.

7. In July, 2003 petitioner Shiv
Shanker Srivastava was advised to get
pace maker replaced urgently as the
machine have become old as it was
installed in 1995. IN these circumstances,
the petitioner filed this writ petition with
the prayer to direct to respondents to rereimburse the medical bills relating to the
pace maker along with 18% interest. On
16.7.2003 this Court passed following
orders;

"A counter affidavit has been filed
by Sri Satendra Kumar Srivastava, Joint
Director, Local Fund Account, Audit
Department, U.P. Allahabad stating that
petitioner's request for purchase of pace
maker
has
been
accepted
on
the
recommendation of the Medical Specialist
and for which a bill for a sum of
Rs.44,527/- was submitted to the State
Government. The entire documents have
been sent on 7.11.1996. The State
Government has required the department
vide its letter dated 9.1.1997 to send the
original bills/vouchers for examination by
the Additional Director (Chikitsa Upchar)
Swasthya Bhawan, Lucknow and to
submit the essentiality certificate counter
signed by the Director General of Medical
& Health. The Department has sent the
original
bills/vouchers
along
with
essentiality certificate to the Additional
Director (Chikitsa Upchar) on 4.3.1997,
and thereafter reminders have been sent
on 12.9.1997, 28.10.1997, 30.11.1998,
3.7.1999,
22.12.1999,
6.1.2001
and
18.6.2003 but no response has been
received from the office of Director
464 INDIAN LAW REPORTS ALLAHABAD SERIES [2006
General,
Medical
Health/Additional
Director (Chikitsa Upchar) Lucknow. It is
contended that pace maker was installed
in the year 1995 and it needs urgent
replacement on receipt of payment of old
pace maker which was installed in 1995,
and in case petitioner does not receive the
amount he will not be able to purchase
new pace maker. Petitioner is facing
serious financial difficulties.
Looking
to
the
facts
and
circumstances of the case, as an interim
measure, a direction is issued to the
Director General Medical and Health
Services U.P. at Lucknow to issue
necessary orders in this regard for
examination of original bills and vouchers
and
to
countersign
the
essentiality
certificate within a week of service of
certified copy of this order upon him. In
case any untoward thing happens to the
petitioner, in the meantime, the Director
General Medical & Health, U.P. shall be
held responsible for which his office is
already responsible for unreasonable
delay.
List on 31.7.2003"

8. A counter affidavit of Sri
Satendra
Kumar
Srivastava,
Joint
Director, Local Funds Accounts, U.P.
Allahabad was filed on 15.7.2003. In
paragraph 3 it was stated that inspite of
repeated reminders Director General,
Medical and Health/Additional Director
(Medical Care) did not return the
bills/vouchers after verification on which
further action could not be taken. The
reminders sent to Additional Director
(Medical
Care)Swastha
Bhawan,
Lucknow dated 4.3.1997, 12.9.1997,
28.10.1997,
30.11.1998,
3.7.1999,
22.12.1999, 6.1.2001 and 18.6.2003 have
been annexed to Annexure CA-2 to CA10 respectively.

9. Sri Shiv Shanker Srivatava died
on 26.7.2004 due to heart failure. Dr.
Gopal Ji Srivastava certified that Sri Shiv
Shanker Srivastava died at his residence
on 26.7.2004 at 08.10 AM due to heart
attack. His son Sri Ajai Kumar has
applied for substitution, which has been
allowed.

10. The paragraph 11-A to 11-3 of
the amended petition, the writ petition as
follows:-
"11-A That due to inaction/action of
the
respondents
above
referred
the
medical
claims
of
Shiv
Shanker
Srivastava (now deceased) was not paid to
him consequently no replacement of pace
maker could be possible due to paucity of
funds by the petitioner from his own
source.
Ultimately
Shiv
Shanker
Srivastava died due to heart failure on
26.7.2004. Dr. Gopal Ji Srivastava issued
death certificate dated 28.7.2004. The true
and correct photocopy and its typed copy
of death certificate dated 28.7.2004 is
filed as Annexure-I of this application.

11-B That Shiv Shanker Srivastava prior
to his death was subjected medical
examinations time to time which reflected
that his heart was not healthy. The
applicant undertakes to place all the
documents before this Hon'ble Court as
and when it is required for its perusal.

11-C That the facts as have been stated
above are sufficient to demonstrate that
Shiv Sha nker Srivastava (now deceased)
met his death only due to inaction/action
of the respondents as they did not release
medical claims inspite of Hon'ble High
Court's order dated 16.7.2003 as such due
to paucity of funds no replacement of the
1 All] Shiv Shanker Srivastava V. State of U.P. and others
465
out lived pace maker could be done by the
petitioner from his own source.

11-D That Shiv Shanker Srivastava (now
deceased) died due to collousness of the
respondents.
Their
action/inactions
compelled
the
dependants
of
Shiv
Shanker Srivastava (now deceased) to
suffer financially and emotionally as his
financial supports was only source of the
lively hood of the dependants and his
family.

11-E That Shiv Shanker Srivastava was
getting Rs.4308.50 paisa pension per
month and died at the age of 69 years.
The father of Shiv Shanker Srivastava the
petitioner died at the age of 78 years and
his mother died at the age of 82 years. In
case the due replacement could be
provided, Shiv Shanker Srivastava would
have lived at least 10 years more. Thus
the dependants of the deceased Shiv
Shanker Srivastava are entitled to get
compensation to the tune rupees six lakhs
from the respondents."

11. The petitioner has also amended
the
prayers
and
has
prayed
for
compensation to a tune of Rs. 6 lakhs.
The Director General, Medical and
Health, U.P. Lucknow respondent no. 2 is
represented by learned standing counsel.
He has not cared to file any counter
affidavit. The petitioner has filed an
application on 31.8.2004 for a direction to
the respondents to send sanction orders
for payment to respondent no. 5. Along
with this application, a letter of Joint
Director, (Medical and Care) dated
25.5.2004 addressed to the Director,
Local Funds Accounts, U.P. Lucknow has
been annexed, in which it is stated that on
30.8.1997 by letter No. 114/4893 the
original documents were sent to the
Director,
Local
Funds
Accounts,
Allahabad for removing objections. The
office of Director, Local Funds Accounts
has denied the receipt of the letter. The
Joint Director has given his opinion that
the claim has been misplaced in the transit
and in compliance with the orders dated
16.7.2003, photocopy of the essentiality
certificate for Rs.44,272/- has been
returned with a caution that carte must be
taken that double payment may not be
made.

12. The Joint Director, Medical Care
has not denied the receipt of various
reminders. His first letter dated 25.5.2004
does not refer to any of these reminders.
He has made a mention of his letter dated
30.8.1997 by which the bills/vouchers
were sent back for removal of objections.
The letter dated 30.8.1997, however, has
not been filed on record nor details of the
objections which were sought to be
removed have been mentioned. The Joint
Director, Medical Care has also not
disclosed the source from which he
received photocopy of the essentiality
certificate. This circumstances clearly
demonstrates that having realised the
delay caused in his office, the Joint
Director, Medical Care has in order to
comply with the orders of this Court sent
the letter dated 25.5.2004 to cover up the
gross negligence caused by his office.

13. The Court in its order dated
16.7.2003 made it absolutely clear that in
case essentiality certificate is not given
within a week of service of certified copy
of this order upon the Director General,
Medical & Health, U.P., the Director
General, Medical & Health, U.P. he shall
be held responsible for any untoward
happening,
which
unfortunately
happened.
466 INDIAN LAW REPORTS ALLAHABAD SERIES [2006

14. The fact and circumstances
clearly without any doubt demonstrate
that the office of Director General,
Medical and Health, U.P. was responsible
for delay of seven years in medical
reimbursement of the pace maker. The
petitioner could not get the medical
reimbursement within his life time and on
account of which new pace maker could
not be installed and the petitioner in the
meantime died due to heart attack. The
office of Director General, Medical and
Health, U.P. did not wake up inspite of
the warning issued by the Court on
16.7.2003.

15. It is now accepted by the
Supreme Court that the State is liable to
compensate for loss or injury suffered by
a citizen due to arbitrary actions of its
employees. In State of Gujarat Vs.
Menon Mahomed Haji Hasam AIR
1967 SC 1885, the order of the High
Court directing payment of compensation
for disposal of seized vehicles without
waiting for the outcome of the decision in
appeal was upheld both on the principals
of bailee's 'legal obligation to preserve the
property intact and also the obligation to
take reasonable care of it to return it in the
same condition in which it was seized'
and also because the Government was
'bound to return the said property by
reason of its statutory obligation, or to pay
its value if it had disabled itself from
returning it either by its own act or by act
of its agents and servants. In Lala
Bishamber
Nath
vs.
Agra
Nagar
Mahapalika, Agra (1973) 1 SCC 788 the
Supreme Court held that where the
authorities could not have taken any
action against the dealer for withholding
flour for sale and their order was illegal, it
is immaterial that the respondents had
acted bonafide and in the interest of
preservation of public health. Their
motive may be good but their action was
illegal and thus in tort they would
ordinarily be liable for any loss caused to
the appellants by their actions.

16. The concept that King can do no
wrong has been abandoned in England,
and the State is now held responsible for
tortious act of its servant. The old
distinction between sovereign and nonsovereign functions is no longer invoked
to determine State liability. In Geddis vs.
Proprietors of Bann Reservoir (1878) 3
AC 430 (HC) it was observed that no
action would lie for doing that which the
Legislature has authorised, if it be done
without negligence, although it does not
occasion damage to any one; but an
occasion will lie for doing what the
Legislature has authorised if it be done
negligently, and causes loss to a person.

17. The word 'compensation' is of
very wide connotation. In legal sense it
may constitute actual loss or expected loss
and may extend to physical, mental or
even emotional suffering, insult or injury
or loss. It has to be construed widely to
enable
the
Courts
to
determine
compensation for any loss or damage
suffered
by
a
person.
The
State
Government has not denied that the
retired employees have a right for medical
reimbursement, subject to admissible
deductions and limits.

18. The present case can be brought
within the purview of misfeasance in
public office, which has been explained
by Wade in his book of Administrative
Law as follows;
1 All] Shiv Shanker Srivastava V. State of U.P. and others
467
"Even where there is no ministerial
duty as above, and even where no
recognised tort such as trespass, nuisance,
or
negligence
is
committed,
public
authorities or officers may be liable in
damages for malicious, deliberate or
injurious wrongdoing. There is thus a tort
which has been called misfeasance in
public
office,
and
which
includes
malicious abuse of power, deliberate
maladministration, and perhaps also other
unlawful acts causing injury.'

19. In Rooks vs. Barnard (1964) 1
All ER 367, it was observed by Lord
Devlin, 'the servants of the Government
are also the servants of the people and the
use of their power must always be
subordinate to their duty of service. A
public functionary if he acts maliciously
or oppressively and the exercise of power
results in harassment and agony then it is
not an exercise of such power but its
abuse. No law provides protection against
it. He, who is responsible for it, must
suffer it. There is, however, an exception
and that is where the public functionary
has discharged his duties honestly and
bonafide.

In
Ghaziabad
Development
Authority vs. Balbir Singh (2004) 5
SCC 65, the liability of the State
authorities to pay compensation for
misfeasance in public offices has been
given due recognition and the State
liability in tort has been accepted. Taking
the case in hand, I find that Sri Shiv
Shanker Srivastava, a retired servant, was
not only deprived of the basis medical
facilities, he was also rendered helpless.
He could not fight the red tapism and the
corruption prevalent in the system. Had
he gone to the office of the Director
General, Medical and Health at Lucknow
and bribed the concerned persons, he may
have been reimbursed with the cost of the
pace maker and saved his life. This is the
way the Government function these days.
The Court takes judicial notice of the state
of affairs prevalent in the offices of the
government of Uttar Pradesh. If the
Courts also sit silent and be mute
spectator to such harassment by public
authorities, the citizens will have no place
to lodge complaint and seek redressal.

20. In the matter of medical
reimbursement the Government officers
must be made responsible for the delay in
settling the claims. The Court is not aware
as to how many such claims are pending
and does not intend to cause any enquiry
as office of Director General, Medical and
Health, U.P. must take care of such delays
in his office. The death in this case could
be avoided if the medical reimbursement
due to the deceased was allowed within
reasonable time. The life expectancy in
the family of the petitioner given in the
amended paragraph 11-J of the writ
petition has not been denied. Sri Shiv
Shanker Srivastava died at the age of 69
years whereas his father and mother has
died at the age of 78 and 82 years
respectively. Not only his life was cut
short, he must also have suffered a lot.
The harassment caused to a retired
employee suffering with ailments, in the
delay of reimbursement of his medical
bills, which are claimed as a matter of
right can hardly be measured in terms of
money. In this case the Joint Director,
(Medical Care) Government of U.P. who
works under and in the office of Director
General,
Medical
and
Health,
Government of U.P., was authorised to
468 INDIAN LAW REPORTS ALLAHABAD SERIES [2006
verify
the
bills/vouchers
and
to
countersign the essentiality certificate. He
was squarely liable for delay, for
hardships and harassment caused to the
petitioner and the consequential loss to his
family. The petitioner has prayed for
damages of Rs. Six lakhs for untimely
loss of his father, and the hardship caused
to him before his death. I find that half the
amount
of
the
damages
would
compensate, for the loss caused to the
family on account of negligence of the
office of Director General, Medical and
Health, U.P. shall be sufficient in the
interest of justice. This would also have
deterrent effect on the officers and warn
them of such claims in future.

21. The writ petition is allowed. The
respondents
are
directed
to
pay
Rs.44,272/- as cost of the pace maker
installed in 1995, along with 9% simple
interest per annum to the petitioner. A
writ of mandamus is also issued to the
respondents to pay compensation to the
family of the petitioner of Rs. Three
Lakhs for the untimely loss of his father
harassment, mental agony and hardships
caused to the family to be paid to his son
substituted as petitioner in this writ
petition. The entire amount shall be paid
to him for the benefit of the family of the
deceased, within three months from the
date of production of certified copy of this
order before the respondents. It will be
open to the State Government to fix the
responsibility on the officers for the delay
and damages, and to take appropriate
disciplinary
action
for
punishment/recovery
against
such
persons.
Petition Allowed.
---------
APPELLATE JURISTICTION
CRIMINAL SIDE
DATED: ALLAHABAD 24.01.2006

BEFORE
THE HON'BLE R.P. YADAV, J.

Criminal Misc. Bail Application No. 19903
of 2004

Shyam Verma
...Applicant (IN JAIL)
Versus
State of U.P.

...Opposite Party

Counsel for the Applicant:
Sri S.S. Tewari
Sri A.N. Mishra
Sri Amit Mishra

Counsel for the Opposite Party:
A.G.A.

Code of Criminal Procedure Section439-Bail
application
offence
under
Section 498-A, 307, 304-B, 304 IPC and
314 Dowry Prohibition Act-applicant the
husband
of
deceased-sustained
12
injuries while trying to save the life of
his wife-dying declaration no allegation
of demand of dowry or cruel treatment
applicant-against an attempt to save the
life-reasonably can be presumed about
no intention to kill-entitled for Bail.

Held: Para 9

Keeping in view of the facts that the
applicant also sustained a number of
injuries while trying to save the life of
his wife and also the fact that in the
dying
declaration
recorded
by
the
Additional City Magistrate on 5th April,
2004, there is no mention of the fact that
there was any demand of dowry or cruel
treatment and also keeping in view the
other circumstances, I find that the case
is fit for bail. In a dowry death case if it
is found that the husband also sustained
injuries
(which
cannot
be
said
as
superficial in nature) in an attempt to
save the life of his wife, it can be
reasonably presumed that he had no
intention to kill his wife.