SC/ST commission can initiate proceedings in case of bull's death: Karnataka High Court

Bengaluru: The Karnataka High Court has said that the state commission for SC/ST can initiate proceedings and thereafter make suitable recommendations to award compensation to a farmer belonging to the scheduled caste community from Shivamogga. The farmer had approached the commission seeking compensation for the death of his bull.

The appellants are veterinary officer Dr A M Lakshman and a group D employee V H Chandrappa, both work at a veterinary dispensary in Shikaripura.

The farmer K Mariyappa, a resident of Shikaripura taluk in Shivamogga, had approached the veterinary dispensary in March 2013 for a castration surgery for his bull. Though the bull recovered on the day of the surgery, it died the following day.

Due to protest by the villagers and other farmers, a postmortem was conducted which attributed the cause of death to acute multi-organ failure and shock.

Mariyappa moved the Department of Animal Husbandry and Veterinary Sciences seeking compensation. The preliminary enquiry found that the officials were not guilty. However, considering the financial loss suffered by Mariyappa, a compensation of Rs 25,000 was recommended.

The farmer subsequently moved the SC/ST Commission seeking compensation and also for punishment to the officials.

This was challenged by the officials and the single judge bench dismissed their petition stating that though there is no power vested with the Commission for imposition of penalty or punishment or for compensation, it has the power to recommend any such measures to the government.

Further, it is left to the state whether to accept the proposal recommended and the measures for implementation or to make any such measures to protect the welfare and development of scheduled castes and scheduled tribes due to the economic and financial loss.

The division bench noted that as per clause 8 of Chapter III of Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act, 2002, the Commission can make recommendations.

The bench also said that it cannot be contended that the initiation of proceedings is totally without jurisdiction.

“In the case on hand, admittedly respondent No.4 (the farmer) belongs to a scheduled caste community. He has lost his bull. If the appellants (the officials) have participated in the proceedings, no loss or injury would be caused to them. After conducting enquiry, the Commission can make suitable orders/direct suitable steps or measures to be taken to award compensation to the respondent No.4,” the bench said.