Coal Mines Regulations - Regulation 26 - Interpretation of.

Rules of natural justice - Concept of reasonably opportunity cannot be fitted into a rigid mould - Need for a strict liability -  Code for subterranean occupations. 

Under regulation 26(1) if, in the opinion of the Regional Inspector, a person to whom an Overman's, Sirdar's, Engine-driver's, Shot-firer's, or Gas- testing Certificate has been granted is incompetent or is guilty of negligence or misconduct in the performance of his duties, he may, after after giving the person an opportunity to give a written explanation, suspend his certificate by an order in writing. U/r 26(2) he shall within a week of such suspension report the fact to the Board together with all connected papers including the explanation, if any received from the person concerned. U/r 26(3) the Board may, after such inquiry as it thinks fit, either confirm or modify or reduce the period of suspension of the certificate, or cancel the certificate.

The respondent, a shot-firer in a colliery, violated the provisions of the Coal Mines Regulations by entrusting his risky, technical work to an unauthorised person which resulted in an accident injuring one Bhad Bhadu. The Regional Inspector u/r 26(1) gave him an opportunity for an explanation in writing and after considering the materials before him forwarded the papers to the Chairman of the Board together with a recommendation for cancellation of, the certificate under Regulation 26(3). The Board bestowed its judgment on the materials gathered which included the delinquent's admission, and cancelled the shot-firing certificate. The High Court allowed the writ petition assailing the said orders of cancellation of the licence and held (1) The Board had no jurisdiction since the Regional Inspector did not suspend the certificate first before reporting (2) The Regional Inspector had no power to recommend but only to report and so the Board's order influenced by the recommendation was bad in law and (iii) the Board should have given a fresh opportunity to be heard before cancellation of the certificate and its absence violated natural justice, voiding the order.

Accepting the Court.