BALWINDER KAUR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The husband of the petitioner (hereinafter referred to as the 'deceased') was enrolled with the Indian Navy on 23.12.1975 as a Muster Chief Petty Officer-II (MSCPO-II). At the relevant time, he was posted in INS-KALINGA. On 13.12.1994 when the unfortunate incident happened, the deceased was on board and was on duty. In the morning of 13.12.1994 it was found that the deceased was sitting in a corner between the cot and the wall, turban hanging from window and around his neck. He was dead at that time. The reason for his death, as per the medical report, was asphyxia.

(2.) A Board of Inquiry was constituted to go into the cause and the circumstances of the death. After detailed investigation, the said Board returned its findings, which are annexed by the respondents along with their counter affidavit. A perusal thereof would show that this Board of Inquiry consisted of one Lieutenant Commander as the President and two Members, one of whom was Surgeon Lieutenant, i.e., a medical officer. As per the opinion of the Board, the deceased was in a low state of mind and was very tense after receiving a letter from his home on 12.12.1994. He had consumed three pegs of rum neat on 12.12.1994. He was crying after consuming liquor which fact was not known to the Divisional Officer or the Executive Officer. The Officer of the duty did not find out the cause of absence of duty and did not ask for relief from Gunnery office or raised alarm. The Board also specifically arrived at the following findings :

(3.) It is also specifically stated that no dedicated Officer of the Duty (OOD) was available during working hours and the incident could have been averted. The ultimate conclusion, on the basis of aforesaid analysis, drawn by the Board was as under :