Tarlok Singh Chauhan JUDGMENT
Mansoor Ahmad Mir, C.J.
1. We are dealing with an unfortunate case, of which cognizance has been taken by this Court suo motu while going through a news item contained in Amar Ujala of issue, dated 09.06.2014. The news was so shocking and pricking that it shattered everyone. It was an unfortunate incident which has snatched away 24 budding Engineers alongwith one tour conductor. All the 24 students were undergoing the course of B. Tech in Electronic and Instrumentation in respondent No. 13-College in Hyderabad, which is one of the first grade Engineering College.
2. In terms of directions, dated 09.06.2014, status report was filed and FIR No. 61 of 2014 was registered at Police Station Aut, District Mandi, under Sections 336 and 304-A of the Indian Penal Code (for short "IPC"). The investigation was conducted by the police and by now, it has been taken to its logical end by presenting final report (challan) under Section 173 of the Code of Criminal Procedure (for short "CrPC") before the Court of competent jurisdiction.
3. The VNR Vigyan Jyoti Institute of Engineering and Technology, Hyderabad (for short "the College") came to be arrayed as party-respondent No. 13 in the array of respondents. Respondents No. 14 to 24 were also arrayed as party-respondents in terms of the orders passed by this Court from time to time.
4. The inquiry report was submitted by respondent No. 12-Divisional Commissioner in the open Court on 19.06.2014, in presence of respondents No. 4, 10 and 11.
5. Interim compensation to the tune of ` 5,00,000/-came to be granted in favour of the parents of each of the deceased students vide order, dated 25.06.2014. The H.P. State Electricity Board Limited (for short "the Board") and the College were saddled with the liability in equal shares.
6. The State authorities have filed status reports from time to time. Respondents have also filed replies and affidavits, which are at pages No. 11 and 43 of the paper book, including the inquiry report at pages No. 52 to 152 of the paper book.
7. Respondent No. 1-Chief Secretary to the Government of Himachal Pradesh has also filed photocopy of the instructions issued by the Board, which were to be observed by the officials before discharge of water from the barrage/reservoir, which are at page No. 23 of the paper book.
8. After noticing the unfortunate incident, respondent No. 3-Principal Secretary (Power) to the Government of Himachal Pradesh has issued instructions relating to the issue, which are contained at page No. 41 of the paper book.
9. The inquiry report contains the details relating to the negligence, prima facie, committed by the in-charge officers/officials of the Board at the relevant point of time. The said finding is recorded at page 77 of the paper book. It also contains suggestions to avoid such lapses/recurrences and incidents, at pages No. 91 to 98 of the paper book.
10. Respondents filed response/objections/rejoinder to the said inquiry report, which are at pages No. 283, 417, 532 and 541 of the paper book.
11. In compliance to order, dated 25.06.2014, respondent No. 1-Chief Secretary to the Government of Himachal Pradesh has filed compliance report/affidavit, which is at page No. 575 of the paper book alongwith the inquiry report submitted by the Chief Engineer (Electrical), Directorate of Energy, H.P., Shimla, who was appointed as Inquiry Officer to enquire into the matter regarding the functioning of the H.P. State Load Discharge Centre (for short "HPSLDC") and The Northern Region Load Discharge Centre (for short "NRLDC"), which finds place at page No. 579 of the paper book, containing the details of the provisions of the Indian Electricity Act, 2003 (for short "Act") relating to the National Load Dispatch Centre (for short "NLDC"), Regional Load Di........