Union (Government Of India) vs B. Sairam
2022 Latest Caselaw 3227 Chatt

                                          1

                                                                              NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRMP No. 1426 of 2021

   • Union (Government Of India) Represented By Director Of Mines Safety And
     Inspector Of Mines, Raigarh Region, Ministry Of Labour And Employment
     Government Of India, Raigarh, Chhattisgarh.                     ---- Petitioner

                                        Versus
  1. B. Sairam S/o B.G.K. Rao Aged About 53 Years Then Posted As Manager,
     Bhatgaon Colliery M/s South Eastern Coalfields Limited, P.O. Bhatgaon,
     District Surajpur, Chhattisgarh.

  2. Nirakar Polai S/o Late K Polai Aged About 56 Years Then Posted As Senior
     Manager (Mining)/ Assistant Manager, Bhatgaon Colliery, M/s South Eastern
     Coalfields Limited, P.O. Bhatgaon, District Surajpur, Chhattisgarh.

  3. Prakash Chandra S/o Late Sukhdev Ram Aged About 54 Years Then Posted
     As Senior Manager (Mining)/ Assistant Manager, Bhatgaon Colliery, M/s South
     Eastern Coalfields Limited, P.O. Bhatgaon, District Surajpur, Chhattisgarh.

  4. Hare Krishna Singh S/o Ashrafi Singh Aged About 52 Years Then Posted As
     Assistant Manager Bhatgaon Colliery, M/s South Eastern Coalfields Limited,
     P.O. Bhatgaon, District Surajpur, Chhattisgarh.

  5. Narayan Mandal S/o Late Akal Mandal Aged About 59 Years Then Posted As
     Overman, Bhatgaon Colliery, M/s South Eastern Coalfields Limited, P.O.
     Bhatgaon, District Surajpur, Chhattisgarh.

  6. Gopal Prasad S/o Late Harihar Prasad Aged About 61 Years Then Posted As
     Mining Sirdar, Bhatgaon Colliery, M/s South Eastern Coalfields Limited, P.O.
     Bhatgaon, District Surajpur, Chhattisgarh.                    --- Respondents

For Petitioner : Ms. Purnima Singh, Advocate. For Respondents No.2 to 6: Mr. Shobhit Mishra, Advocate.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 04/05/2022

1. Heard on admission.

2. Perused the impugned judgment of the trial Court as well as statements of witnesses.

3. After perusal of the statements of the witnesses, it is established that none of the prosecution witnesses have supported the case of the prosecution and Inquiry Officer Ujjwal Tah (PW-4) has only submitted his inquiry report and apart from his report, there is no legal evidence available on record on the basis of which the respondents should be convicted, therefore, the trial Court has rightly acquitted the respondents.

4. In view of above, I do not find any ground to grant leave to appeal.

5. Accordingly, the present CRMP is dismissed at motion stage itself.

Sd/-

(Arvind Singh Chandel) Judge

Ravi