- (1.) R. K. Mahajan, J. This order would be read in continuation of orders dated 25-4-1996 and 2-8-1996. In the order dated 2- 8-1996, direction was made to issue notices to the Home Secretary and the Director General of Police, Uttar Pradesh to show cause why the reasonable compensation may not be granted to the mother and children of missing person Chandra Mohan for misfeasance and dereliction of duties by the concerned officers of the State of U. P. in tracing out the crime. The case was referred by this order to the CBCID for investiga tion. This order was also to be read in con tinuation of the order dated 25-4-1996 regarding details directions mentioned in it to the Home Secretary, Government of Uttar Pradesh as well as the Director Geneva! of Police, Uttar Pradesh. A direc tion was also issued that the Court would like to award compensation to the mother and the legal heirs for negligence of duties in the investigation of the case. The detailed facts have been mentioned in these two or ders. We do not think it proper to repeat the same again. Suffice it to say that the mother of missing person Chandra Mohan made a report on 10-3-1995 which was registered as case crime No. 292 of 1995 under Section 364 !?c about the abduction of her son Chandra Mohan. Lateron this habeas corpus petition was filed by the wife of Chandra Mohan and then the Court directed the in vestigation by a detailed order after refer ring the matter to the CBCID. The accusa tion under Section 173 Cr. PC. has been put in the competent court against the wife of Chandra Mohan, one Matiur Rahman and relations of the wife. In the report, it is mentioned that Chandra Mohan has not been traced out and there have been chan ces of having been murdered.
(2.) WE have perused the affidavit of Vijendra Pal, Joint Secretary Home, U. P. Shasan, Lucknow as well as the affidavit of Mahendra Pal Singh, Additional Superin tendent of Police (Sector Officer) CBCID, Bareilly. WE are not satisfied with the af fidavit of Vijendra Pal regarding mis feasance of the duties on the part of the officers in charge of Moradabad Police Sta tion regarding the efforts which they made in investigating the matter of such serious nature. The affidavit, which has been filed in a show cause notice by the Court, reveals that there were strained relations between Chandra Mohan and his wife and Chandra Mohan might have left the place or he might be concealing at some place. The affidavit of Mahendra Pal Singh also shows the progress of the investigation and in the affidavit there is a mention of the statement of the rela tions of missing Chandra Mohan that he mi ght have been murdered. WE have also rece ived some report of the CBCID in which the conduct and investigation of the police agency of Moradabad has been criticized. We are of the considered view that the local police of Moradabad and its of ficers incharge at that time have not inves tigated the matter properly and also in right manner as it should have been investigated in the normal course of duties. Why the courts are forced to issue direction to the police officers to do their duties. The answer is that they are compelled to do so when they do not get justice and police attitude is indif ferent and shows apathy. The courts only remind them to do their duties and do not go step-further. There was time in the Indian history when the local police officers were held responsible when they failed to trace the crime and rightly they used to be held as they knew the affairs of the locality and the police officers are required to known even now. There is a recent legal trend in In dian jurisprudence developed by the Hon'ble Supreme Court on public account ability that in case the police officers/public officials/public bodies perform misfeasance of duties, they are held liable for the ex-empllary damage. Regarding this view, we are supported by the decision of Common Cause. A Registered Society v. Union of India and Ors. reported in J. T 1996 (8) SC 613 where it was held that erring officers can be liable to pay the exemplary damages or pay compensation for dereliction of duty. Nobody is above the law and the law is king of kings. Powers are exercised by each wing of the Government as just like by trustes for the benefit of the trust. The society has given powers to the officers, and they are to exer cise the powers in its welfare.
(3.) WE are of the view that all the of ficers right from the rank of S. P. , who is head of the district, including Sri Arjun Singh Rawat, Sub Inspector : Sri M. P. Bhatnagar Sub Inspector : Sri Raja Ram Pal, Station House Officer, Police Station Civil Lines, Moradabad, Sri A. K. Sahdeo and Sri Jai Pal Singh, Circle Officer, Civil Lines, Moradabad and Sri D. C. Misra, Superinten dent of Police (City) Moradabad are respon sible for the dereliction/misfeasance of duties in tracing the crime and they are held liable for misfeasance of duties. The Home Secretary and D. G. P. have been served with show cause notice regarding the payment of compensation. Considering the entire facts and cir cumstances of the case, we award Rs. 2 lacs (Rupees two lacs only) as compensation payable by the Government and it be deposited with Distt. Judge Morabadad and lateron, if the Government wishes, it can relaise from the erring officers. This com pensation is being granted under the peculiar facts and circumstances of the case so that investigation in the State of Uttar Pradesh and elsewhere is properly carried out as it would have salutary effect. The compensation be paid by the State to the mother Smt. Shanti Devi as well as to the two minor sons, namely, Gaurav and Saurabh of missing Chandra Mohan, in equal shares. The money of the minors be deposited in FD Rs. in any Scheduled Bank. The FD Rs. will remain there till they be come major and the money can be with drawn with the premission of the District Judge, Moradabad only by the grand mother after considering their welfare. The interest of their shares will be paid regularly by the Bank. No loan would be raised without the permission of the District Judge, Moradabad. The money of the share of the mother of Chandra Mohan will be put in FDR for three years and she will entitle to utilise the interest but in case she wants to withdraw the money, a formal application be given to the District Judge, Moradabad and after satisfying that the money is needed for genuine purpose, it can be withdrawn earlier. The compensation money be deposited within two months from the date of receipt of the copy of this order to be sent by the Registrar to the Home Secretary.;