BHARAT COKING COAL LIMITED Vs. BABULAL

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) These appeals arise from the order made on 21/11/1995 by the division bench of the Calcutta High court in FMATs Nos. 1548 of 1990 and 250 of 1992. Admitted position is that the respondent Babulal was a Senior Mining Engineer and the other first respondent Maheshwari Sharma was a Managerworking in the South Govindpur Colliery, Govindpur area. On 30/6/1989, an accident had occurred at 2. 00 p. m. due to fall of the roof in XI Seam (of coal) due to which five miners died and two miners were seriously injured. It is the case of the appellant that both the first respondents were not present at the site nor had they taken necessary safety precautions to aver accident to the miners. A fact-finding committee came to be appointed to find out the cause for the death of five and injury to two miners. The report dated 1/7/1989 appears to have put it pointedly that there was dereliction of duty on the part of the respondents resulting in the mine accident. Consequently, the appellant exercised the power under Rule 12.4 (l) (c) of the Common Coal Cadre Rules, 1974 which reads as under: