SUGRIV MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned for the appellant and the Electricity Board.

(2.) THIS appeal is directed against the order dated 11.1.2001 passed by the learned single Judge in C.W.J.C No. 11599. of 1997 dismissing the writ application filed by the appellant for a direction to the Electrical Inspector to hold enquiry with regard to the death of son of the appellant, who is said to have been electrocuted on 27th October, 1997. while working in the field.

(3.) DURING the course of hearing, counsel for the parties drew our attention to the provisions as contained in section 33 of the Indian Electricity Act, 1910 , which provides, inter alia, that if any accident occurs in connection with the generation, transmission, supply or use of energy in connection with any part of the electric supply -lines or other works of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or any animal, such person shall give notice of the occurrence and of any such loss or injury etc. to the Electrical Inspector or such other authorities as may be prescribed by the Government. The stand of the Board is that as no application has been filed before the Electrical Inspector, enquiry has not been held to fix the reason for the incident so that on that basis appropriate action may be taken.