Union of India vs Guddu Kumar Singh And Ors

Heard, learned counsel for the appellant.

Let the matter be heard on the point whether Birendra Kumar Singh, who was Railway servant on duty, in view of sub-Section 34 of Section 2 of the

Railway Act, 1989, was entitled for compensation as he was on escort duty on Train being member of the Railway Protection Force (RPF) and

sustained injury in an occurrence of dacoity committed by extremists as it appears from the LCR at page no.8, internal page 3 of the fardbeyan of Raj

Kishore Singh. It has been stated in the fardbeyan that Constable, Upendra Kumar, Birendra Kumar Singh and Md. Sakir were badly injured and

informant, Raj Kishore Singh and Permatma Tiwary were also injured, as such, they could not lift those injured persons. The occurrence took place

during a Maoist attack on the Railway Train.

Learned counsel for the appellant has submitted that proper service of notice has been made upon the respondents but they have not appeared till date

though the delay of 420 days was condoned after being satisfied with the grounds taken in I.A. No.2993 of 2011 in terms of order dated 08.01.2014.

The appeal has been admitted for hearing vide order dated 17.02.2014 and LCR was called for. Direction was given to issue notice upon respondents

for in hearing matter which requisites etc. had been filed. Subsequently also on 06.01.2015 direction was given to issue fresh notice upon respondents

and it has been submitted by the process server that notice upon respondent nos.1, 2 and 3 has been received by their brother- Vigyan Kumar Singh

but till date respondents have not appeared.

Under the aforesaid circumstances, let fresh notice be issued upon respondent No.1- Guddu Kumar Singh, S/o Late Birendra Kumar Singh,

respondent no.2- Gudia Devi, D/o Late Birendra Kumar Singh and respondent no. 3- Kaushal Kumar Singh minor son of Late Birendra Kumar Singh,

being represented through his elder brother Guddu Kumar Singh i.e., respondent no.1 whose interest is not adverse to respondent no.3, all residents of

Village- Harpur, P.O. & P.S.- Ekma, District- Chhapra, Bihar under both process i.e. under registered cover with A/D as well as under ordinary

process for which requisites etc. must be filed within a period of three weeks. Since the matter relates to the Railway Protection Force (RPF)

personnel, who were on escort duty, as such, it would be proper to inform the Director General of Railway Protection Force (RPF) in the instant

matter for legal stand taken by Railway Protection Force (RPF) in such matter. Let two copies of memo of appeal along with I.A. be served upon the

office of Railway Protection Force (RPF) Commandant, Eastern Railway, Kolkata, so as to communicate the same to the Director General of

Railway Protection Force (RPF) as it relates with injury/death cause to Railway Protection Force personnel during their discharge of duty. Let the

appeal be listed after service of notice upon private respondent as well as Director General of Railway Protection Force (RPF), who may file their

affidavit.

The name of learned counsel, Mr. Rajiv Anand, has wrongly been reflected in the cause-list on behalf of respondents, as such, office is directed to

delete the same from the cause-list.