RUKMANI AND PRADEEP KUMAR KUMAWAT Vs. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI

JUDGEMENT

(1.) Petitioner no. 1 Smt. Rukmani is mother of late Sanjay Kumar and petitioner no.2 Pradeep Kumar Kumawat is his brother. Late Sanjay Kumar was in service of Border Security Force as Constable having registration no.032214215. He died on 17.07.2004 in mysterious circumstances when he was serving at 13th B.N., B.S.F Camp at Sopore in State of Jammu & Kashmir. At the time of his death, he was unmarried.

(2.) Shri Deepak Soni, learned counsel for petitioner, argued that respondent no.3 - Inspector General, Head Quarter, Punjab Frontier, Border Security Force, Jalandhar Cantt., Punjab, sent a condolence message to petitioners that Sanjay Kumar committed suicide on 17.07.2004 by his own gun. The family was shocked to learn about this fact because they had received a call from him just a day before 17.07.2004. He talked to petitioners and other family members. That day he was very happy. He was not a person of this nature; he was very optimistic about his life and therefore he chose to serve the nation and joined Border Security Force. Only two or three weeks ago before date of incident, he had applied for leave and when he left for duties, he was very happy.

(3.) Learned counsel further submitted that petitioners filed an application for grant of pension to petitioner no.1 and compassionate appointment to petitioner no.2. Petitioner no.1, who is mother of late Sanjay Kumar, was nominated by deceased to receive all his terminal benefits. On being inquired, both father and mother of late Sanjay Kumar submitted affidavits declaring that deceased was unmarried at the time of his death. Petitioners submitted affidavit with regard to income of family and that petitioner no.1, who is mother of deceased, had no income and was dependent on deceased. Only income of family as per certificate duly attested by Tahsildar concerned on 04.09.2004 including pension @ Rs. 2550.00 per month of father, was Rs. 55,616/- per annum. This was very insignificant income as family consists of two sons, one unmarried daughter and mother with father of deceased. Petitioners submitted a representation to Inspector General and Commandant of 13th B.N., B.S.F., to supply copy of investigation report conducted under Sec. 174 Crimial P.C. to find out as to under what circumstances their son Sanjay Kumar died. Despite lapse of two-and-a-half-year, no such report was sent.