Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines Mines Act 1952 Accident Court of Inquiry Order to pay expenses |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mines—Accident—Court of Inquiry—Order to pay expenses—Amount not quantified—Court, if becomes functus officio on submitting report Subsequent order quantifying amount—If such quantification valid —Assessors, if must join in all orders of the Court of Inquiry—Mines Act, 1952 (85 of 1952), 8. 24—Mines Rules, 1958, r. 22.The Government of India under s. 24 of the Mines Act, 1952, ordered an enquiry into the disaster in the respondent’s colliery. The Court of Inquiry submitted its report on September 26, 1955, and found inter-alia that the accident was due to the negligence on the part of the management, and therefore ordered the owners to pay the expenses of the enquiry as provided by r. 22 of the Mines Rules, 1955. The amount of the expenses to be paid were, however, not quantified in the report. At the request of Chief Inspector, Mines, the Judge of the Court of Inquiry after due notice to the par- ties concerned quantified the expenses by his order dated September 7, 1956. The respondents petitioned under Art. 226 of the Constitution challenging the order quantifying the expenses on three grounds—(1) the Court of Inquiry became functus officio after it had"submitted its report,and there- fore the Judge had no power left to pass the order quantifying the expenses. If the said order was to be treated as review of ‘the order awarding expenses it would still be void as,there was no power of review in the Court of Inquiry: (3) When the order quantifying the expense was passed the two assessor were not present and were not associated with the enquiry therefore, the Judge could not pass the order alone.. The High Court allowed the writ,petition adding that it was not interfering with the order relating to expenses made by the Judge in his report dated Septemaber 26, 1955. Held, that when an order to pay expenses is passed with- out quantifying the amount in a report by a Court of Inquiry, it necessarily carries with it the implication that the person appointed to hold the enquiry would quantify the expenses later in materials being placed before him as otherwise such an order would be rendered completely nugatory. Where no time was fixed within Which the report had to be made by the Court of enquiry it cannot be said that the period for which the Court of enquiry was appointed necessarily came to an end with the submitting of the report and this Court of Inquiry became functus officio.Held, further, that when the report itself contained the order for payment for expenses, the later order is merely a quantification of the earlier order and would be on a par with what happens everyday in courts which pass decrees with costs. When giving judgment, courts do not quantify cost in the judgment. Therefore the order dated September 7, 1956, cannot be treated as a review or any variation of the order. passed in the report of September 26, 1955, which the judge had no powers to pass. Held, also, that it was open to the Judge of the Court of inquiry to quantify the expenses and that it Was not necessary that at that stage the assessors ‘should be associated with him. Under s. 24(1) of the Act, the enquiry is held by a competent person for the purpose, and assessors are appointed to assist the person to hold the enquiry and the assessors need not be associated with him in all orders which are in the nature of ministerial order and quantification of expenses must be treated as an order of a ministerial nature. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1962 INSC 166 |
Petitioner | S. S. Garewal |
Respondent | Messrs. Bhowra Kankanee Colleries |
SCR | [1963] 2 S.C.R. 475 |
Judgement Date | 1962-04-26 |
Case Number | 526 |
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