LT. COL. UMESH KANADIKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The two Writ Petitions before us revolve around an incident which took place on 6/4/2017, when Master Atharva Taralkar, aged 4 and a half years, son of Lt. Col. Narendra R. Taralkar and Surg. Lt. Cdr. Trishna Taralkar, posted at INHS, Jeevanti, Vasco, fell down from the 6th Floor, of the newly constructed Married Accommodation Project -II at NOFRA, Goa (Flat - 6B, 'F' Block).

(2.) During the course of investigation, two other persons were found to be responsible as they had assigned the work of Project Manager of the Married Accommodation Project-II, namely, Lieutenant Colonel G.S. Uppal, Project Manager, and Lieutenant Colonel Umesh Kanadikar, Deputy Project Manager and sanction was sought from the Ministry of Defence to prosecute them but in the wake of the Court Martial proceedings already initiated in respect of the two officers, sanction to prosecute under Civil Court was not accorded. As far as Lieutenant Colonel Umesh Kanadikar is concerned, the Court Martial was convened on 11/5/2022 and concluded on 29/7/2022 and he was charged under Sec. 69 of the Army Act, "committing a civil offence, that is to say, causing death by negligent act not amounting to culpable homicide contrary to Sec. 304A of the Indian Penal Code. The second charge was laid under Sec. 63 of the Army Act, "an omission prejudicial to good order and military discipline".

(3.) Writ Petition No.318 of 2018 was filed before this Court by the parents of Master Atharva Taralkar, who demised in unfortunate circumstances, seeking a direction to the Respondents to pay exemplary compensation in the amount of Rs.2.00 Crores towards the loss of life of their child on account of gross negligence of the Respondents and seeking a further direction to fix the responsibility upon those concerned. The Petition also prayed for a direction to expedite the investigation and to file the chargesheet at the earliest against all persons responsible for the incident, and to take disciplinary action against the erring Officers pointed out in the Board of Inquiry dtd. 31/5/2017