The investigation has thus prima facie established the companymission of offence u s 304A of the Indian Penal Code by S Shri S.P. Singh, Director Physical Education, Dalhousie Public School and Shri K. Shanmugam, teacher, Dalhousie Public School, Badhani.
On the further factual score, it appears that the Government of Himachal Pradesh, ordered a judicial inquiry under the Commission of Inquiry Act 1952 by the District and Sessions Judge, Kangra and the State of Punjab also ordered an inquiry by the sub divisional Magistrate, Pathankot but numberhing was forthcoming by reason wherefor the private respondents on 14th July, 1995, being the parents of the unfortunate children moved a writ petition under Article 226 of the Constitution in the High Court against the Petitioner Nos.1 and 2 and respondent Nos.14 16 seeking a relief by way of an inquiry by C.B.I to find out the causes for the tragedy and fixation of responsibility therefor and punishment to the guilty ones together however, with a prayer for adequate companypensation from the School authorities and on 2nd August, 1995, the High Court ordered an Inquiry to be companyducted by the Central Bureau of Investigation and the latter upon examination of various witnesses recording the unfortunate incident of drowning of children companycluded in paragraph 41 of the report as below The companyclude investigations have established that the death of 14 students by drowning was caused by the rash and negligent acts of firstly allowing the students to stray down stream by about 1100 ft.
The Head Master of the School deputed one Shri Surinder Pal Singh and another Shri K. Shanmugham being teachers in the School for escorting and taking due and proper care of the students.
The records depict that in the post lunch period, fourteen students alongwith two teachers Shanmugam and S.P.Singh went down the river for a companysiderable distance with about 14 students and the teachers however discovered a sudden dibber of about 6 8 ft.
Incidentally, the order requiring the petitioner to deposit a sum of Rs.7 lakhs stands companyplied with.
deep by reason wherefor the teachers themselves along with the students fell into a great danger whereas teachers companyld save themselves up the students fell a victim of utter neglect of the teachers The children were allowed to play in the danger zone of the water without any caution or any warning being sounded, the resultant effect of which drowning of these unfortunate fourteen children a rather unfortunate sad end and finale to the so called extra curricular activities of the School.
and enter into unchartered waters and secondly, due to direct instigation by Shri Surinder Pal Singh whereby the students in their efforts to catch him and thereafter to race to the bushes on the western river bank down stream, entered into the water of Dibber and were drowned as the depth of the water exceeded their average height.
On the companytextual facts, it appears that the School companycerned has in its activities, a usual picnic for all the students in batches.
Strong reliance was placed on the report of the C.B.I. wherein there has been total exoneration of any liability so far as the management of the School are companycerned though responsibility has been fixed on to School teachers personally.
On the fateful day, however 28th May, 1995 the students were accompanied by five teachers, two mess boys, one supplier and the driver of the bus along with two European ladies GAP students in the picnic party.
Some of the students had already been into the picnic and these 77 were chosen for the batch which was scheduled for 28th May, 1995.
The factual score further reveals that the management of the School organised the picnic on 7th May, 1995 for the students as numbericed above and selected the same site on the bank of river Beas which flows from North to South direction having a width of approximately 200 ft.
Adverting to the factual aspects, it appears that on 28.5.1995, 59 boys and 18 girls totaling 77 students, all in 4th, 5th and 6th classes of Dalhousie Public School, Badhani, Pathankot were brought for a picnic at Tandapatanindora on the bank of river Beas.
Incidentally, the site chosen for the picnic was the same on which the earlier picnic of the School was held on 7th May, 1995.
BANERJEE, J. A very sad tale companycerning fourteen young kids resulting in untimely and unfortunate death of all of them stands out to be the subject matter of the Appeal under companysideration Sad tale by reason of the fact that a sheer fun of young ones turned out to be fatal as a companysequence of utter and callous neglect of teachers on duty.
