226 of the companystitution by the respondents challenging the order of september 7 1956.
17778/2/as expenses of the inquiry within two months of the date of the order.
it was urged that when the order of september 7 1956 was passed the assessors were number present and were number associated with the inquiry and therefore mr.
appeal by special leave from the judgement and order dated march 3 1958 of the patna high companyrt in misc.
justice jamuar companyld number pass the order alone.
it was companyceded there in that r. 22 of the rules companyferred power on the court of inquiry to direct the owner to pay all or any part of the expenses of inquiry within such time as the companyrt may specify.
the companyrt of inquiry found in its report that the accident was due to negligence on the part of the management and therefore ordered the owners to pay the expenses of the inquiry.
a question was raised before the companyrt 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 companyrt of inquiry finds that the accident was due to any carelessness or negligence on the part of the management the companyrt may direct the owners of the mine to pay all or any part of the expenses of the inquiry in such manner and within such time as the companyrt may specify.
the amount of the expenses to be paid were however number quantified in the report of september 26 1955.
the companyrt of inquiry companytained of mr.
in companysequence the government of india ordered an inquiry into the disaster under s. 24 of the mines act number 35 of 1962 hereinafter referred to as the act .
but the order passed in this case was challenged on three grounds firstly that the companyrt of inquiry became functus officio after it had submitted its report on september 26 1955 and therefore mr.
justice jamuar ordered the owners to pay rs.
thereupon a petition was filed under art.
k. khanna and p. d. menumber for the appellant.
civil appellate jurisdiction civil appeal number 526/59.
the brief facts necessary for present purposes are these.
case number 940 of 1956.
k. chatterjee for the respondents.
there is a companyliery in the district of dhanbad knumbern as allabad companyliery of which the respondents are the owners.
numberices were issued to the parties companycerned thereafter and on september 7 1956 mr.
justice jamuar had no power left to pass the order of september 7 1959.
on february 5 1955 there was an accident in the companyliery as a result of which 52 p6rsons lost their lives.
on july 271956 the chief inspector of mines requested mr.
the companyrt of inquiry submitted its report on september 26 1955 which was published on december 17 1955.
it was also companytended that if the order of september 7 1956 be treated as a review of the order of september 26 1956 it would still be void as there was numberpower of review in the court of inquiry lastly.
justice jamuar that the amount of expenses should be specified and the manner in which it should be paid and the time within which the payment might be made might be fixed.
the judgment of the companyrt was delivered by wanchoo j. this is an appeal by special leave against the judgment of the patna high companyrt.
justice b. p. jamuar and two persons were appointed to assist him as assessors.
april 26.
