BHARAT ALUMINUM COMPANY LIMITED Vs. COMMISSION OF INQUIRY

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 24th December, 2011 (Annexure - P/1) passed by the respondent No.1 - Commission of Inquiry (for short "the Commission") whereby the application of the petitioner filed on 24th December, 2011 (Annexure - P/4) under Sections 8B & 8C of the Commissions of Inquiry Act, 1952 (for short "the Act, 1952") was rejected.

(2.) THE facts, in brief, leading to filing of this petition, are that a blast furnace (chimney) under construction for establishing power plant by the petitioner, collapsed causing death of several persons. The State Government exercising its power under Section 3 of the Act, 1952, in public interest, appointed one man Commission under Shri Sandeep Bakshi, District & Sessions Judge, Raipur, by order dated 13th October, 2009 (Annexure - P/2).

(3.) SHRI Sinha, learned counsel appearing for the petitioner, would submit that if at any stage of inquiry, the Commission considers it necessary to inquire into the conduct of any person, or is of the opinion that the reputation of any person is likely to be prejudicially affected by the enquiry, the Commission shall give opportunity of being heard and to produce evidence in his defence. Shri Sinha would further submit that the Commission has sought assistance from the experts and thereafter nothing has been disclosed to the petitioner to put forward its case. Thus, there is an infringement of mandatory provisions of Section 8B of the Act, 1952. Accordingly, the impugned order be quashed and the Commission be directed to afford proper opportunity of hearing to the petitioner and also to provide a copy of the expert opinion so that the petitioner can put forward its defence effectively and properly.