SKBANERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) S.K. Chattopadhyaya, J.-In the present writ application, the petitioners have prayed for the following reliefs:

(2.) Before appreciation the points raised in this application the factual background of the case may be portrayed. A complaint was filed by the Inspector of Mines against the petitioners for offences punishable under Section 72-C (1) (a) of the Mines Act (hereinafter referred to as the 'Mines Act') on the allegation that the petitioners were responsible for the disasterous accident which occurred in Chasnala Colliery in the District of Dhanbad on 27-12-1975 at 1.30 P.M., as a result of which nearly 375 persons lost their lives. By a Notification dated 31-12-1975, a court of enquiry was set up by the Central Government to go into the causes and circumstances of the said occurrence. On the basis of the report, published on 18-3-1978, the instant complaint was filed. The allegation was that the accused persons contravened some of the regulations, as a result of which the disaster occurred and if they would have taken care, the said accident could have been averted. On such complaint being filed, cognisance was taken on 3-6-1978.

(3.) Daring pendency of the trial, one of the accused died and the petitioners made several verbal requests before the court below to refer the matter to the Mines Board or Committee as provided under Section 81 of the Mines Act, which has not been considered by the court.