Death of five sewer workers: Second probe finds contractor, UP Jal Nigam were lax

An investigation by SP (rural) Neeraj Kumar Jadaun into the death of five workers inside an under-construction sewer line in Krishna Kunj Colony on August 22, 2019,

An investigation by SP (rural) Neeraj Kumar Jadaun into the death of five workers inside an under-construction sewer line in Krishna Kunj Colony on August 22, 2019, has overturned an earlier probe and said laxity on the part of the labour contractor, local incharge of the contractor firm and local supervisors of the UP Jal Nigam led to the fatalities.

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Kalanidhi Naithani, senior superintendent of police (SSP), said an inquiry is also underway against the circle officer for alleged laxity in the initial probe and it will be taken up by assistant superintendent of police (hapur).

Jadaun is posted as superintendent of police (rural) in Ghaziabad. In the incident on August 22, 2019, five workers — Horil, 35, Sandeep Kumar, 30, Damodar, 40, contractor Vijay Kumar and his brother-in-law Shiv Kumar— had died of asphixiation.

“The investigation report has now been sent to the circle officer (city 2) concerned for seeking a legal opinion. If the legal opinion okays the investigation taken up by Jadaun, it will supercede the earlier investigation and we will file the chargesheet in the case accordingly,” Naithani said.

The sewer line project in Krishna Kunj was being carried out by UP Jal Nigam and a contract was given to a private firm. The project was entailed a cost of ₹88.75 crore and included the development 47.164km of sewer lines.

The police, soon after the incident, lodged two FIRs at Sihani Gate police station under the IPC Section 304 (culpable homicide not amounting to murder). According to Chauhan’s interim investigation report, he said the incident also attracted provisions of IPC Section 304a (causing death by negligence) under which the imprisonment term may extend up to two years.

“The latest inquiry has found that IPC Section 304 will prevail. The section carries a prison term of up to 10 years. There were several written communications from the UP Jal Nigam to the contractor’s firm asking it to provide safety equipment to workers, but the firm failed to do so. Further, the latest inquiry has found that prior to the incident, locals had highlighted on social media that workers were being made to work without protective gear,” an officer attached to case investigation said.

The source also said there were statements of people that two persons had come to the site before the incident and had threatened workers to immediately resume work. The officer said the initial investigation had not focussed on the lack of safety equipment.

“The work at the site should have been taken up in the presence of a junior engineer of the UP Jal Nigam. But that was not the case. So, the latest inquiry has found laxity on the part of labour contractor, the local incharge of the contractor firm, and local supervisors of the UP Jal Nigam,” the officer said.

The officials said that a chargesheet was sent by the circle officer (city 1) after investigation but it was held back and another round of investigation was taken up by SP (rural).

“The chargesheet in the case will be filed once the legal opinion is received and we get a nod to levy IPC Section 304,” SSP added.

The five workers who died were residents of Samastipur in Bihar and their families were given a compensation of ₹10 lakh each.