Sri Abdul Rauf v. Government of Karnataka
Case brief
What is this about?
Natural justice — hearing before order imposing civil consequences — necessary party — recovery of child-compensation from building owners without notice — electrical accident, 66 KV overhead line, burn injuries to child — Section 15(iii), Commission for Protection of Child Rights Act, 2005 — remand for fresh speaking order with findings on negligence — Karnataka Power Transmission Corporation Limited (KPTCL) — Additional Chief Secretary, Energy Department — writ petition under Articles 226 & 227 — High Court of Karnataka, allowed in part.
What did the court decide?
Writ petition allowed in part: proceedings at Annexure-A remitted back to respondent no.1 to hear the petitioners on whether a recovery direction from the owner of the building/petitioners can be passed; respondent no.1 to pass a fresh order with specific findings on the petitioners' negligence and on the need for recovery from the petitioners alone.