Negligence at NIPER Pool: Tragic Death

The unfortunate and tragic death of Mr. Sunil Bagga, a manager at Ola Cabs, occurred in the swimming pool of the National Institute of Pharmaceutical Education and Research (NIPER), Mohali. This incident brought to light a troubling series of failures and mismanagement within the institution, exacerbated by fraud in appointments and regularization processes. These issues have had far-reaching consequences, as evidenced by this case, which highlights the dire effects of negligence and institutional apathy.

NIPER Mohali constructed an Olympic-sized swimming pool, purportedly funded out of money allocated by the Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, for an Intellectual Property Rights (IPR) Center. Despite its intended purpose of serving the institute’s students, faculty, and employees, the pool was leased to a private contractor, M/s Deva Swimming Institute, headed by Mr. Davinder Lamba. This arrangement allowed outsiders access to the pool in exchange for substantial fees, while oversight and safety protocols were grossly neglected.

The Chief Maintenance Engineer, Col. Sanjeev Tagger, raised concerns about safety violations and the failure of M/s Deva Swimming Institute to meet contractual obligations. In a formal note dated June 3, 2015, Col. Tagger detailed deficiencies, including non-compliance with employee welfare measures, improper maintenance of the facility, lack of safety equipment, and unauthorized modifications to the infrastructure. He urged immediate corrective action and emphasized the contractor’s responsibility to ensure user safety, maintain clean water quality, and adhere to electrical and financial regulations.

Despite these warnings, no substantive action was taken. Col. Tagger’s recommendations went unheeded, and he was eventually dismissed from his position. His removal is currently under litigation in the Punjab and Haryana High Court.

On September 11, 2016, Mr. Bagga, accompanied by his six-year-old son, Ishit, visited the swimming pool after paying fees to the contractor. Tragically, he ventured into the pool’s deep end (8 feet) without any guidance or supervision, as no lifeguard was present. When Mr. Bagga struggled to stay afloat, his son raised the alarm, but the staff dismissed the child’s cries for help. By the time assistance arrived, Mr. Bagga was already in critical condition. Attempts to revive him with oxygen proved futile, as the cylinder was empty. He was rushed to Silver Oaks Hospital in Phase 9, Mohali where he was pronounced dead.

Mr. Bagga’s wife, Mrs. Saroj Bagga, alleged that her husband’s death resulted from gross negligence on the part of the contractor and NIPER’s management. The pool lacked essential safety equipment, trained personnel, and timely medical support. Police later booked the contractor, Mr. Davinder Lamba, and his manager, Mr. Rajiv Kumar, under Section 304-A of the Indian Penal Code (causing death by negligence). However, the role of Mr. Jitender Kumar Chandel, head of the Internal Committee responsible for overseeing the pool’s operations, was conveniently overlooked.

Media reports, including coverage by The Indian Express and Hindustan Times, highlighted that safety protocols were absent. It was revealed that Mr. Chandel had failed to act on the Chief Maintenance Engineer’s warnings, despite being entrusted with ensuring the contractor adhered to safety norms.

Dr. K.K. Bhutani, the Officiating Director of NIPER at the time, claimed ignorance of the incident, citing his absence from the campus. Although he terminated the contractor’s agreement, no punitive action was taken against Mr. Chandel or other officials implicated in the negligence. Mr. PJP Singh, the Registrar, avoided accountability and refused to respond to media inquiries.

Mr. Chandel, despite his clear responsibility as Chairman of the Committee overseeing the Swimming Pool, remained in power. During the tenure of Dr. Raghuram Rao Akkinepally as Director, Mr. Chandel was briefly suspended for misconduct but was later reinstated by Officiating Director, Dr. SJS Flora as Deputy Registrar (F&A). This decision deeply affected the Bagga family, who have had to endure the pain of seeing those responsible for Mr. Bagga’s death continue in their high-ranking positions.

To date, no meaningful action has been taken against those responsible for this tragedy. The contractor, despite being blacklisted, has avoided imprisonment, and the implicated NIPER officials remain in influential roles. The Bagga family’s quest for justice has been met with delays and systemic indifference, leaving them in anguish as they face an arduous and seemingly unending legal process.

This case reflects a broader failure of governance and accountability within NIPER Mohali, where institutional negligence has led to the loss of an innocent life. It underscores the urgent need for reforms to ensure safety, transparency, and justice for all stakeholders involved.