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1961 Supreme(SC) 50

B. P. SINHA, J. R. MUDHOLKAR, K. C. DAS GUPTA, N. RAJAGOPALA AYYANGAR, S. R. DASS, S. K. DAS
Chief Inspector Of Mines – Appellant
Versus
Karam Chand Thapar – Respondent


Advocates:
G.S.PATHAK, N.S.BINDRA, P.K.CHATTERJI, R.Ganapathy Iyer, R.H.Dhebar, S.C.BANERJEE

Judgment

DAS GUPTA, J. : On February 5, 1955, there was a tragic accident in the Amlabad Colliery, in Manbhum District, in the State of Bihar, as a result of which 52 persons lost their lives and one escaped with injuries. The court of enquiry which was appointed to hold an inquiry into the causes of the accident and the circumstances attending the accident submitted its report on September 26, 1955, holding that the accident was due to negligence and non-observance of some of the regulations of the Indian Coal Mines Regulations, 1926. This report was duly published under S. 27 of the Mines Act, 1952. Thereafter, on March 3, 1956, the Government of India informed the manager and the agent of the colliery that a court of enquiry was being constituted under cl. (a) of the Regulation 48 to hold an inquiry into their conduct. Criminal proceedings were also instituted against 14 persons including the manager and the agent of the colliery, all the directors of the company which was the owner of the colliery and the directors of the managing agents of that company. The complaints alleged violation by the 14 accused of several regulations out of the Indian Coal Mines Regulations, 1926. Ther






















































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