Jharkhand High Court
Md. Sarfraz vs Vrs on 18 July, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 66 of 2017
Md. Sarfraz ............Petitioner
Vrs.
The State of Jharkhand & others ............. Respondents
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE RATNAKER BHENGRA For the Petitioner : M/s Lukesh Kumar For the Respondent-State : Mr. R.R. Mishra, G.P.II For the Respondent -ECL : M/s Anil Kr. Sinha, Rajesh Lala, Arpit Kumar For the U.O.I : M/s Rajiv Sinha, A.S.G.I, Niraj Kumar, J.C For Respondent No.7 : Miss Pooja Kumari 15/18.07.2018 The Ministry of Labour and Employment, Government of India has filed counter affidavit on 04.05.2018. Learned A.S.G.I has placed the contents of the affidavit and submitted that the inquiry report under Section 23(2) of the Mines Act, 1952 of the Direction General Mines Safety(DGMS) was forwarded to the Ministry by letter dated 13.02.2017. The Ministry directed the DGMS vide D.O. letter dated 03.03.2017 to take immediate action on top priority as per the recommendation made in the said letter. DGMS has immediately complied the desired action. A complaint case has been filed before the Court of learned Judicial Magistrate at Godda bearing case no. 22 of 2017 by the Inspector of Mines designated as Director of Mines Safety against several officials of the Eastern Coalfields Limited. The Ministry is of the opinion that the accident was a clear case of failure of over burden and coal benches. Based on the inquiry report, not only the complaint has been filed but adequate provisions and guidelines are existing in the statute to prevent similar type of accident. Therefore, constitution of Court of Inquiry, under Section 24 of the Act of 1952 is not necessary.
2. This affidavit stops short of indicating whether on analysis of the inquiry report prepared by the DGMS itself, the Ministry was satisfied that there were no lapses or complicity on the part of the Officials of DGMS. Learned A.S.G.I seeks short time to obtain instruction on that.
3. Accordingly, as prayed for, let the matter appear after 4 weeks. In terms of the order dated 30.06.2017 the inquiry report submitted in two sets be kept in the custody of learned Registrar General to be produced as and when required.
(Aparesh Kumar Singh, J.) ( Ratnaker Bhengra, J.) A.Mohanty