The State Government is liable for the negligence of its employees, including the PWD laborers who were working on the road construction site.

P. D. Desai, C.J. :- On May 22, 1986, the petitioner who is a resident of village Jangla, Pargana Panjala, District Chamba, addressed a letter to one of us (Chief Justice), which has since been registered as a writ petition, complaining that his wife, Brahmi Devi, died on October 23, 1984, while returning home in the evening, on account of being hit by a stone which rolled down from the upper side of the road, where the labourers engaged by the Public Works Department were carrying out construction work of another road. The petitioner stated that he had to look after his two minor children after the accidental death of his wife and that on that account he was required to give up his employment with a private firm which yielded an income of Rs. 300/- per month. The petitioner further submitted that he had approached the Public Works Department authorities for giving him an appropriate relief but his request had fallen on deaf ears. He also submitted that on account of poverty, he was unable to approach the court irregular course and that justice be done by granting him an appropriate relief. Annexed to the petitioner was the English translation of the Daily Diary Report No. 18 recorded at 9.30 P.M. at the Police Station, Sadar Chamba, District Chamba on October 23, 1984 and a copy of the Post-mortem Certificate issued by the Senior Medical Officer, In charge, District Hospital, Chamba.

2. The Daily-Diary Report shows that information was lodged by one Gain Chand, s/o Kharku, resident of village Janjla, who was at the material time accompanied by Dhoda Ram, s/o Jindi, r/o Sakela, and Thakur Chand, s/o Prabhu Dayal, r/o Jeelo, in the following terms : "After doing labour work etc. at Chamba town I reached village Kariyan at about 6.30 P.M. where I came to know from the people that my niece (sisters daughter) Smt. Brahmi Devi, w/o Shri Jarmu, r/o Janjla had gone to village Rajara, along with another woman, namely, Bimla, w/o Sukho r/o Nalera. During the day time after going to the "Gharats" she had gone from there to her parents house at village Saila. While returning from there when they reached at place Dwarka at about 4 P.M. on the road which is under construction to village Lilah, suddenly a stone fell from the upper side where P.W.D. labourers were working and hit the head of Brahmi and consequently she died at the spot. I also visited the spot where many persons of our village had gathered. P.W.D. labourers are also there. The dead body is lying on the spot. The incident occurred accidently. Information of this incident has been given to Brahmis husband who is a cleaner with truck No. HIM 1608. I have come to lodge the report. Action may be taken." All the three persons, namely, Gain Chand, Dhoda Ram and Thakur Chand appended their signatures in the Daily-Diary below the information therein recorded in the aforesaid terms. The proceedings recorded below the report show, inter alia, that the Station House Officer had proceeded to the spot along with a police party for conducting an inquiry under S.174 of the Code of Criminal Procedure.

3. The Post-mortem certificate shows that the post-mortem on the dead body of deceased Brahmi Devi was performed on October 24, 1984 by the Medical Officer, Dr. P.P. Singh, in whose opinion the death had occurred "due to Head injury due to stoning leading to Brain Intragranial Haemorhage leading to shock and death". The death had occurred within a period of twenty four hours prior to the holding of the postmortem examination.

4. On September 29, 1986, notice of the petitioner was ordered to issue to the respondents (State of Himachal Pradesh, the Engineer in Chief, HP. P.W.D., and the Executive Engineer, HP. P.W.D., Chamba) and it was made returnable on October 27, 1986. An affidavit-in-reply dated November 17, 1986 was filed by and on behalf of the respondents by Shri U.N. Sharma, Executive Engineer, H.P. P.W.D. Chamba. The sole, merit of the affidavit is its brevity. The bare denials t