Endanger to public health by negligence.

MR KALI MUTHU (Querist) 23 March 2020 This query is : Resolved
In my village our panchayat union has removed a overhead concrete water tank without any safety measures. Luckily some people got escaped, who might be loss their life due to this activity. How can take action against panchayat union for being negligence.

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A villager is seeking advice on how to take action against their local panchayat union for removing a water tank without safety measures, narrowly avoiding serious harm. While no one was injured, the act was deemed unsafe and a risk to public health. Suggestions include lodging a formal complaint with the Panchayat Officer and district authorities, requesting public safety education before such drives, and involving other villagers to ensure proper action and prevent future negligence.

Rajendra K Goyal (Expert) 23 March 2020
Whether the work was entrusted to some contractor or the Panchayat itself employed labor for the same?
Whether the person sustained any bodily / mental injury?
How are you concerned?

Rajendra K Goyal (Expert) 23 March 2020
Broadly lodge complaint with the Panchayat Officer.

For mental shock / injury etc. case for compensation can be filed.

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Raj Kumar Makkad (Expert) 23 March 2020
A Criminal negligence has been done by the person concerned whether he was contractor or any Panchayat representative who was conducting the demolition drive. Such negligence is an offence as per section 279 of IPC. FIR can also be lodged against such person apart from complaining with the Panchayat Officer.

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Dr J C Vashista (Expert) 24 March 2020
It is your presumption and not a real situation, where offence of negligence is not attracted.
Since there was no injury or damage from the act of Panchayat how did you make out an offence ?

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MR KALI MUTHU (Querist) 24 March 2020
Heartfelt thanks for all. As per @Dr JC vashista there is no damage or injury occurred but the act is unsafe. My concern is, such situation should not be repeated again. So how can approach this issue.

Rajendra K Goyal (Expert) 24 March 2020
You asked:
there is no damage or injury occurred but the act is unsafe. My concern is, such situation should not be repeated again. So how can approach this issue.
Reply:
Write to Panchayat, Panchayat Officer, District authorities for this. Request Panchayat to properly educate, advertise before initiating such drive so that proper public safety ensured..

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T. Kalaiselvan, Advocate (Expert) 24 March 2020
Your concern about the safety of the general public especially under such circumstances can be understood and in true sense such incidences should not be repeated and the negligent attitude of the workers and the supervisory staff are to be condemned.
For this you may give a formal complaint to the Executive officer of the panchayat board about the negligence of the staff involved in such incidences and request for an inquiry and issue warning to the staff concerned.

T. Kalaiselvan, Advocate (Expert) 24 March 2020
You may also follow it up with the concerned officer for the action taken by him/her with regard to your complaint.
In fact you may involve the village residents who witnessed this terrific and scary incident in your complaint and can approach the authorities concerned as a group of villagers in order to ensure proper action being initiated.
This action as well as the follow up action may create an awareness not only among the fellow villagers but also among the staff concerned so that no such careless and callous acts will be repeated especially where the public safety is involved.

Raj Kumar Makkad (Expert) 24 March 2020
There is no requirement to have injury to fetch the criminal offence. Charge under section 307 IPC is framed wherein no injury is inflicted to the victim. The requirement is only intention and commission and both the ingredients are present in the given case hence criminal action can definitely be initiated against the erring persons.

Raj Kumar Makkad (Expert) 24 March 2020
However, as the aim of the author is just to warn the concerned persons then he can do it personally also or may take the help of the higher officials.

T. Kalaiselvan, Advocate (Expert) 24 March 2020
As properly suggested and opined by our experts above, it is you who may have to pursue the matter accordingly.
If you just want to bring it to the knowledge of the authorities concerned so that such incidences do not repeat in future, then your complaint may be of bit mild in nature, moreover you people are living in the same village, hence you may better avoid rubbing with the authorities concerned so that you are not being isolated

Rajendra K Goyal (Expert) 25 March 2020
Agree with the expert Raj Kumar Makkad and T. Kalaiselven Advocate.

MR KALI MUTHU (Querist) 26 March 2020
Thank you very much for your valuable comments.

Rajendra K Goyal (Expert) 26 March 2020
You are welcome, you can revert in case any suplimentry information required.

Raj Kumar Makkad (Expert) 26 March 2020
Thanks Mr. Goyal and Author for agreeing with my reply.

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