G.Ramakrishnan vs The Deputy Director Of Mines ...
2023 Latest Caselaw 13441 Mad

                                                                           Crl.O.P.No.22495 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 04.10.2023

                                                    CORAM:

                             THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                             Crl.O.P.No.22495 of 2021
                                           and Crl.M.P.No. 12220 of 2021
                1. G.Ramakrishnan
                   Former Executive Director (SME & Conveyor),
                   M/s. Neyveli Lignite Corporation, Mine -II,
                   (Presently M/s. NLC India limited),
                   Presently residing at No. 60 & 61,
                   Udaya Sooriyan Nagar,
                   Guduvancherry,
                   Kancheepuram – 603 202.

                2. M.Rajendrababu
                   Deputy General Manager,
                   (Then ACM/Civil Mine-II)
                   M/s. Neyveli Lignite Corporation,
                   (Presently M/s. NLC India Limited)
                   P.O., Neyveli- 607 802.

                3. R.Senthil Kumar,
                   Chief Manager,
                   (Then Deputy Chief Engineer (Electricals),
                   M/s. Neyveli Lignite Corporation, Mine- II,
                   (Presently M/s. NLC India Limited),
                   P.O.,Neyveli- 607 802.                                   ... Petitioners
                                                     Vs.
                The Deputy Director of Mines Safety,
                Chennai Region,
                Old No. 46/New No. 5, 2nd Street,
                Block 'AA', Anna Nagar,
                Chennai – 600 040.                                          ... Respondent

https://www.mhc.tn.gov.in/judis
                Page 1 of 10
                                                                             Crl.O.P.No.22495 of 2021


                PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.
                praying to call for the entire records relating to C.C.No.233 of 2012 on the file
                of the Learned District Munsif-Cum-Judicial Magistrate, Neyveli and quash
                the same.
                                       For Petitioners    : Mr.N.Nithianandam

                                       For Respondent     : Mr.D.Simon (CGSC)


                                                         ORDER

This petition has been filed to quash the proceeding in C.C No. 233 of

2012 on the file of the Learned District Munsif-Cum-Judicial Magistrate,

Neyveli. The petitioners are arrayed as accused 1, 3 and 4. The respondent

filed a private complaint alleging that on 19.04.2012 at about 12.30 hours in

the Neyveli Lignite Corporation Mine-II due to mechanical failure, an

industrial accident took place at S4 Conveyor of Surface Bench System in

which a Contract Worker, namely, Shri.Kuppusamy met with an accident and

he succumbed to the injuries.

2. At this juncture, the petitioners were in charge of the Mines and they

are responsible for the accident. Thereafter, it was intimated to the respondent

as per the terms of the provisions of the Mines Act, 1952. On receipt of the

information, the respondent conducted an enquiry on various dates and

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Crl.O.P.No.22495 of 2021

concluded that the petitioners had failed in their duties and contravened the

regulations 190 read with Regulation 50(a) of Coal Mines Regulations, 1957.

Thereafter, the petitioners were served with show cause notice dated

19.07.2012.

3. Not satisfied with the explanation submitted by the petitioners, a

detailed enquiry was conducted. On inspection it revealed that while the

conveyor was started, during changing of its rollers, one out of five person

engaged for the said job could not escape from the bottom belt, hauled to a

distance, received serious bodily injuires near the tail end and thrown away

from the belt, which proved fatal on way to the hospital.

4.That apart the following contraventions were found during the

enquiry:-

“1. In contravention of provisions of Regulation 37(1) of Coal Mines Regulations, 1957 read with Section 18(4) of the Mines Act, 1952, the Accused No.1 (Shri G.Ramakrishnan, the then Executive Director (SME & Conveyor) M/s. Neyveli Lignite Corporation Ltd.) failed to make the system for proper supervision, co-ordination and communication between different groups when engaged simultaneously at different places for maintenance or same conveyour and thus failed to provide for the safety and discipline of person employed for maintenance of the conveyor in the mine.

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Crl.O.P.No.22495 of 2021

2. In contravention of provisions of Regulation 36(1)(a) read with Regulation 41(4) of Coal Mines Regulations, 1957 the Accused No.2 (Shri Syed Abdul Fateh Khalid, the then Mine Manager, Neyveli Lignite Mine-II) failed in his duties to provide supervision through an official or competent person to ensure safe working during the maintenance work undertaken by roller changing group at the belt conveyor.

3. In contravention of provisions of Regulation 190 read with Regulation 50(a) of Coal Mines Regulations, 1957, the Accused No. 3 (Shri R.Senthil Kumar, the then Dy. Chief Engineer (Electrical) Neyveli Lignite Mine -II) failed in his duties by making the emergency pull chord switches along the conveyour dysfunctional, when person were working on the belt conveyor for its maintenance.

4. In contravention of Regulation 40(2) of Coal Mines Regulations, 1957 the Accused No. 4 (Shri M.Rajendrababu, the then Additional Chief Manager (Civil), Neyveli Lignite Mine -II), failed in his duties by engaging the persons for changing of rollers of the belt conveyor without seeing that the persons under his charge had understood and would carry out their duties properly.

The above contraventions constitute offences which are punishable under Section 72A and 73 of the Mines Act, 1952 and the accused were found liable for the same.

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Crl.O.P.No.22495 of 2021

As the above mentioned contraventions resulted in loss of life to Shri P.Kuppusamy, Contrator worker, aged about 43 years the accused persons are further severally & vicariously liable for punishment under Section 72-C(1)(a) of the Mines Act, 1952.”

5. In fact during the enquiry all the accused persons were found

responsible for the contravention which proved fatal and caused death of a

person. They were issued show cause notice and after receipt of the reply, the

respondents filed the private complaint under Section 200 of Cr.P.C for the

offences punishable under Sections 72A, 72-C(1)(a) and 73 of the Mines Act,

1952.

6. The learned counsel for the petitioners would submit that the alleged

contraventions is punishable with imprisonment for a term of six months under

Section 72A of the Mines Act, 1952. Section 72C of the Mines Act, 1952

provides punishment with two years or with fine. Section 73 of the Mines Act,

1952 provides punishment for three months or with fine.

7. The complaint was lodged in the year 2012 and the same was taken

cognizance immediately by the Trial Court. However, since 2013, there is no

progress in the Trial. In fact, the first and second petitioners have already

retired from their service. It is pending for the past 11 years without

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Crl.O.P.No.22495 of 2021

examining even one witness. All the petitioners are under going ordeal of the

trial for the past 11 years. In fact, the family of the deceased was settled with

solatium amount of Rs. 1,25,000/- in the year 2012 along with the insurance

amount of Rs.5,50,000/- and permanent employment was given to the son of

the deceased with all amenities such as residential quarters, medical and other

facilities.

8. In support of his contention, he relied upon the judgment of the

Hon'ble Supreme Court of India passed in Writ Petition (C) No. 1128 of 1986,

dated 01.05.1996, in the case of Common Cause a Registered Society

through its Director Vs. Union of India, where the cases pending in Criminal

Courts for more than two years, held as follows:-

“2(a) Where criminal proceedings are pending regarding traffic offences in any criminal court for more than two years on account of non-serving summons to the accused or for any other reason whatsoever, the court may discharge the accused and close the cases.

2(b) Where the cases pending in criminal courts for more than two years under Indian Penal Code or any other law for the time being in force are compoundable with permission of the court and if in such cases trial have still not commenced, the criminal court shall, after hearing the public prosecutor and other parties

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Crl.O.P.No.22495 of 2021

represented before it or their advocates, discharge or acquit the accused, as the case may be, and close such cases.

2(c)where the cases pending in criminal courts under Indian Penal Code or any other law for the time being in force pertain to offences which are non-cognizable and bailable and if such pendency is for more than two years and if in such cases trials have still not commenced, the criminal court shall discharge or acquit the accused, as the case may be, and close such cases.

2(d) Where the cases pending in criminal Courts under Indian Penal Code or any other law for the time being in force are pending in connection with offences which are punishable with fine only and are not of recurring nature, and if such pendency is for more than one year and if in such cases trial have still not commenced, the criminal court shall discharge or acquit the accused, as the case may be, and close such cases.

2(e) Where the cases pending in criminal courts under Indian Penal Code or any other law for the time being in force are punishable with imprisonment upto one year, with or without fine and if such pendency is for more than one year and if in such cases trials have still not commenced, the criminal court shall discharge or acquit the accused, as the case may be, and close such cases.

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Crl.O.P.No.22495 of 2021

2(f) Where the cases pending in criminal courts under Indian Penal Code or any other law for the time being in force are punishable with imprisonment upto three years, with or without fine, and if such pendency is for more than two years and if in such cases trials have still not commenced, the criminal court shall discharge or acquit the accused, as the case may be, and close such cases.

9. The Hon'ble Supreme Court of India also held that the above

directions shall not apply to the following cases. Therefore the above

directions are not applicable to the case on hand. That apart, perusal of the

counter statement filed by the respondent revealed that due to various factors

such as non-availability of Presiding Officer, Public Prosecutor and due to

COVID, the trial could not be completed by the Trial Court. Therefore, the

grounds raised by the petitioners cannot be considered to quash the

proceedings, since there are specific allegations made against all the accused

persons and there are materials to show and attract the contraventions under

Section 72A, 72C and 73 of the Mines Act, 1952.

10. In view of the above discussion, this Court is not inclined to quash

the proceedings C.C No. 233 of 2012 on the file of the Learned District

Munsif-Cum-Judicial Magistrate, Neyveli. Considering the age of the

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Crl.O.P.No.22495 of 2021

petitioners, the personal appearance of the petitioners is dispensed with and

they shall be represented by a counsel after filing appropriate application.

However, the petitioners shall be present before the Court at the time of

furnishing of copies, framing charges, questioning under Section 313 Cr.P.C.

and at the time of passing judgment. The trial Court is directed to complete the

trial, within a period of three months from the date of receipt of a copy of this

Order.

11.Accordingly, this Criminal Original Petition stands dismissed.

Consequently, connected miscellaneous petition is closed.

04.10.2023

Internet : Yes / No Index : Yes / No Speaking / Non Speaking order nsl/veda

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.22495 of 2021

G.K.ILANTHIRAIYAN, J.

nsl/veda To

1. The District Munsif-Cum-Judicial Magistrate, Neyveli.

2. The Deputy Director of Mines Safety Chennai Region, Old No. 46/New No. 5, 2nd Street, Block 'AA', Anna Nagar, Chennai – 600 040.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22495 of 2021 and Crl.M.P.No. 12220 of 2021

04.10.2023

https://www.mhc.tn.gov.in/judis