The Meghalaya Human Rights Commission (MHRC) has asked Chief Secretary Donald P. Wahlang to order fresh enquiry by an officer of the rank of Commissioner & Secretary into the alleged non-payment of salary of employees of the Garo Hills Autonomous District Council (GHADC) since April 2018 resulting in the death of 21 employees including their family members as they were unable to meet the financial cost of their medical treatment.
The allegations were made by Flaming B. Marak, Senora Johny Arengh, Augustbell R. Marak, Dimura T. Sangma, Balseng M. Sangma, Brithen M. Sangma and Henvirth Ch. Marak in their petition filed before the MHRC.
Taking serious note of the matter, the MHRC observed that non-payment of salaries and other entitlements to individuals is a denial of their basic human rights and would amount to deprivation of their Right to Life which is a Fundamental Right guaranteed under Article 21 of the Constitution of India.
The MHRC said that in Olga Tellis Vs Bombay Municipal Corporation case, the Supreme Court had held that the right to livelihood is borne out of the right to life, as no person can live without the means of living, that is, the means of livelihood.
Considering the seriousness and gravity of the complaint, the Commission took cognisance of the same and issued notice to the Chief Secretary to cause an effective enquiry into the entire matter by a senior officer of the rank of Commissioner & Secretary.
On December 15, 2020, the enquiry report by Commissioner & Secretary, District Council Affairs Department, Aldous Mawlong was submitted and a copy of the same was sent to the petitioners for their comments, which were submitted on February 25, 2021.
In their comments, the petitioners expressed dissatisfaction with the contents of the enquiry report as the statements of the petitioners were not even recorded by the enquiry officer.
During a hearing held on June 26, lawyer for the petitioners P T Sangma apprised the MHRC on certain points apparent on the case record and reiterated that the petitioners were dissatisfied with the enquiry report submitted by Mawlong and requested for fresh enquiry.
“The Commission is inclined to agree with the views of the petitioners for having the matter enquired afresh as their views were ab initio not taking into consideration. On perusal of the complaint petition, the enquiry report submitted and upon hearing the petitioners through their counsel, the Commission is of the view that the enquiry report appears to be not satisfactory and that the prayer for a fresh enquiry may be considered,” the MHRC said in the order.
“Let the Chief Secretary of Meghalaya have the complaint enquired into afresh by an officer of the rank of Commissioner & Secretary to the Government of Meghalaya and to submit the detailed report within 60 days from the date of receipt of this order,” the Commission added.
