OM PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 1st September, 1998 at about 21:45 hours, a tragic incident took place at Patratu Thermal Power Station (PTPS), Patratu, Hazaribagh, Bihar, that claimed precious lives of two Central Industrial Security Force personnel. The Central Industrial Security Force is an armed force of the Union constituted for better protection and security of Industrial Undertakings owned by the Central Government. The appellant enrolled as Constable in the Force and his three colleagues namely, Constable Kartar Singh, Constable G. Patra and Head Constable S.R. Prasad were in the year, 1998, detailed at PTPS Patratu Cash Guard for round the clock duty for safety and security of PTPS Cash section located in Administrative Building of the Power Station. They were accommodated in a room in the said building for housing the Cash section, so as to enable them to repel any threat to the Cash section and cash and valuables kept therein.

(2.) On the date of occurrence, i.e. 1.9.1998, the appellant completed his four hours duty at 4 p.m. and was relieved by his colleague, Constable Kartar Singh. Constable Kartar Singh completed his duty at 8 p.m. and was relieved by Constable G. Patra. Constable G. Patra and Head Constable S.R. Prasad at about 21:45 hours got entangled in a verbal dual. Constable G. Patra opened fire with his service rifle on Head Constable S.R. Prasad, who died on spot. Constable G. Patra, thereafter, turned his service rifle to himself, pulled the trigger and committed suicide.

(3.) The appellant and his colleague Constable Kartar Singh stayed inside their room at the time of occurrence, made no attempt to intervene and disengage Constable G. Patra and Head Constable S.R. Prasad, and prevent the occurrence. The appellant and Constable Kartar Singh, according to the Supervisory Officers could have at least saved the Constable G. Patra, had they come out after hearing the first gun shot and tried to prevent Constable G. Patra from taking his own life.