KRUSHNA CHANDRA BALIYARSINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is the father of the deceased constable P. K. Baliarsingh, who was shot at by a fellow constable while discharging his official duties and succumbed to the injuries in the hospital, has approached this Court for a direction to the opposite parties to grant all legal dues like death -cum -retirement gratuity, family pension etc., and a lump sum compensation of Rs. 10 lakhs.

(2.) UNDISPUTEDLY , the deceased constable P. K. Baliarsingh, son of the petitioner, was serving in 123 Bn.BSF. While deployed at Dera Baba Nanak, Punjab, he was shot at by another constable G. Ganapathy while on duty, causing bullet injuries in his left arm and left abdomen and was immediately admitted to Gurudev Nanak Dev Hospital for first -aid and subsequently shifted to the Civil Hospital at Amritsar for better treatment, but after four hours of treatment, he was declared dead. A court of enquiry was conducted to investigate into the circumstances, under which the incident took place and it was established that the constable G. Ganapathy had fired a shot at the deceased P. K. Baliarsingh and the latter succumbed to the injuries. Disciplinary action is being initiated against G. Ganapathy under the provisions of the Border Security Force Act.

(3.) NOW the question is, as to whether the petitioner is entitled to any amount towards compensation because of the nature of death of his deceased son while in active service. The deceased constable was the only bread -earner of the family. The petitioner and his wife were his dependents along with a minor brother. The counter affidavit does not disclose the reason as to why the deceased constable P. K. Baliarsingh was shot at by the fellow constable while in active deployment by the competent authorities at an early age of about 30 years only.