Judgement

WANCHOO, J.: This is an appeal by special leave against the judgment of the Patna High Court. The brief facts necessary for present purposes are these. There is a colliery in the district of Dhanbad known as Amlabad colliery of which the respondents are the owners. On February 5, 1955 there was an accident in the colliery as a result of which 52 persons lost their lives. In consequence, the Government of India ordered an inquiry into the disaster under S. 24 of the Mines Act, No. 35 of 1952 (hereinafter referred to as the Act). The Court of Inquiry consisted of Mr. Justice B. P. Jamuar and two persons were appointed to assist him as assessors. The Court of Inquiry submitted its report on September 26, 1955, which was published on December 17, 1955. A question was raised before the Court of Inquiry whether the management should be ordered to pay the expenses of the inquiry as provided by R. 22 of the Mines Rules, 1955 (hereinafter referred to as the Rules), which lays down that

"If a Court of Inquiry finds that the accident was due to any carelessness or negligence on the part of the management the Court may direct the owner of the mine to pay all or any part of the expenses