National Human Rights Commission (NHRC) has found the then Hazaribagh Deputy Commissioner Sunil Kumar guilty of discourteous and unseemly behavior, and imposed a fine of Rs 25,000 on the State Government with a direction of submitting a compliance report within six weeks along with a proof of payment.

The NHRC directive has come on a complaint of National Thermal Power Corporation (NTPC) Deputy General Manager Rakesh Nandan Sahay, who had alleged that the then Hazaribagh DC assaulted him when he had gone to meet him at his official residence in February 2015.

“In the opinion of Commission, a case of violation of human rights of the complainant is made out. Keeping in view the facts and circumstances of the case, the Commission recommends to the Government of Jharkhand, through its Chief Secretary, to pay compensation of Rs 25,000 to the complainant,” stated the Human Rights order sheet. The Chief Secretary, Government of Jharkhand, is directed to submit compliance report along with proof of payment within six weeks, it said.

The NHRC, in its order, also stated that the incident was “an established case of violation of human rights” and pulled up Kumar for “discourteous and unseemly behaviour”.

Sahay, then involved in Pakri-Burwadih coal mining project, had alleged that he was manhandled when he had gone to meet the DC at his residence along with two colleagues, Srikant Sinha and Neeraj Jha. The DC holding Sahay responsible for unnecessary lingering the NTPC’s mining work held him responsible for loss of face during a review meeting conducted by the Chief Minister and allegedly beat up Sahay with an aluminium rod.

Sahay after being injured seriously was later taken to Sadar hospital in Hazaribagh with an injury on right knee from where he was referred for further treatment to Bhagwan Mahavir Medical Superspeciality Hospital in Ranchi.

According to NHRC, the inquiry report of Additional Chief Secretary, Department of Home, Prison and Disaster Management, “prima facie substantiates” the allegation levelled by Sahay making it “an established case of violation of human rights”.

“After detailed inquiry in the matter, it has been concluded…. that the conduct of the then Deputy Commissioner, Hazaribagh, Sunil Kumar was not in terms of the All India Service (Conduct) Rule, 1968 and that he is guilty of discourteous and unseemly behaviour,” read the order.

Sahay, in the meantime, hailed the NHRC order and called it a strong order.

“With this order, propensity of violation of human rights has been established which itself proves that the incident had actually happened. My concern is that such incidents should not take place again with anybody in future,” Sahay said.

The NHRC had asked the Chief Secretary to send a report on the outcome of the inquiry conducted by the Additional Chief Secretary, Home department, to the Commission. It had further stated that keeping in view the principles of natural justice, a copy of the inquiry report should also be provided to the complainant within six weeks.