- (1.) The present petition under Article 226/227 of the Constitution of India is for issuance of direction to the respondents to pay compensation of Rs.25,00,000/- to the victim family since deceased Dr. Parkash Singh Dhaliwal was killed by the Punjab Home Guard constable Nasib Singh. Petitioner No. 1 Kirandeep Kaur is a qualified B.A.M.S doctor and was doing private practice and was running her nursing home at village Devigarh, P.S Julka Tehsil and Distt. Patiala in the name and style of Dhaliwal Nursing Home. Her late husband Dr. Parkash Singh Dhaliwal was also qualified as B.A.M.S doctor and was employed at Govt. Dispensary village Dann Singh Wala Distt Bathinda. His salary was Rs.8814/- per month, as per salary certificate (P-1).
(2.) On 15.08.1997, it was a holiday and Dr. Parkash Singh Dhaliwal was present at the nursing home of petitioner No. 1. Compounder Madan Lal, nurse Paramjit Kaur, Chaman Lal and Bhupinder Singh were present there. At about 12.00 O, clock, Punjab Home Guard Constable Nasib Singh posted at P.S Julka Tehsil and Distt. Patiala came with his official rifle. At that time, Dr. Parkash Singh Dhaliwal was talking to the persons present there. After coming over there, Nasib Singh constable fired at Dr. Parkash Singh Dhaliwal in the chest and he was taken to Rajendra Hospital, Patiala where he was declared dead. Nasib Singh fled away from the spot towards police station. In the way, he himself fired from upon him and killed himself with the same rifle. FIR N. 87 dated 15.08.1997 was registered at P.S. Julka in this regard (P-2). As per PMR, the cause of death was found to be shock and hemorrhage due to firearm injuries, which are anti mortem and sufficient to cause death in routine course of nature (P- 3). Dr. Parkash Singh Dhaliwal left behind his widowed mother Dalip Kaur-petitioner No. 4 aged about 70 years, petitioner No. 1 Kirandeep Kaur @ Kiran Bala (wife), his two minor daughters, Sonal Dhaliwal aged about 13 years and Komal Dhaliwala aged about 6/7 years, petitioner Nos. 2 and 3 respectively. There are his legal representatives and were dependent upon his income.
(3.) The present writ petition has been filed for seeking compensation from the Government of Punjab as Nasib Singh Constable was an employee of the Punjab Government who had killed Dr. Parkash Singh Dhaliwal without any reason. At the time of his death, Dr. Parkash Singh Dhaliwal was 39 years of age and he was a regular government employee.;