BINDESHWAR PRASAD SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Section 226 of Constitutionr of India the petitioner seeks a writ of mandamus or other directions to the respondents for payment of Rs.10 lakhs as compensation on account of the death of his son deceased Bijoy Shanker, an I.P.S. probationer, on 10.11.1992 while he was on training at Police Training Centre, Phillaur. The deceased was appointed on probation as an Indian Police Service Officer of 1990 batch. He was allotted to Union Territory of Delhi Cadre and was sent for training in August, 1991. After completing first phase of his training at Mussoorie, National Police Academy, Hyderabad etc. he was sent on second phase of his training at Police Training College Phillaur, District Jallandhar where he had joined on 4.11.1992. He died by drowning in a swimming pool in the campus of the Training College.

(2.) The petitioner who is the father of the deceased has claimed compensation alleging that death was caused due to negligence of the authorities of the Police Training College, Phillaur as no safety measures had been adopted at the swimming pool.

(3.) Separate counter affidavits have been filed on behalf of respondents 1 and 2. The circumstances about the death of the deceased as given in the counter affidavits and the documents placed on record are that the deceased was undergoing probationer's training alongwith other probationers of 1991 batch and on second phase of his training was sent to Police Training College, Phillaur for six weeks PTC attachment training on 4.11.1992. He had failed in the swimming examination conducted by the National Police Academy, Hyderabad where he was required to reappear in the swimming examination. However, swimming classes/training was not the part of his training at Phillaur. It is stated that there exists one swimming pool used for training purposes during summer in the Centre Complex at Phillaur but it was dried out during the said period as there is no training during that period. There is also another swimming pool used by officers and the staff on week ends where no coaching classes were ever held. The deceased without informing any instructor or fellow probationers had gone to the aforesaid second swimming pool and perhaps had jumped in the water at about 11.00 A.M. where he drowned in the 10 feet deeper side of the pool unnoticed by anyone, it being a holiday on account of Guru Nanak Dev's birthday on 10.11.1992. At lunch time at about 2.00 P.M. when he was not found in his room, on search his body was found lying in the aforesaid swimming pool. He was rushed to the hospital but he had already died. In the counter affidavit filed on behalf of respondents, it is also stated that the benefits as admissible under the rules, namely:-