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Judgment
Dr. Ravi Ranjan, CJ
Vide order dated 16.07.2018, a Co-ordinate Bench of this Court has constituted a committee of five members as follows:
(1). Dr. Pradeep Kumar Singh, Director (C.S.I.R.), Barwa Road, Dhanbad
(2). Dr. Manish Kumar Jain, Associate Professor, I.I.T. (I.S.M., Dhanbad)
(3). Dr. Manoj Kumar, Associate Professor, Central University, Jharkhand, Ranchi
(4). Sri Pandey Neeraj Rai, Advocate, Jharkhand High Court, Ranchi
(5). Sri Atanu Banerjee, Advocate, Jharkhand High Court, Ranchi.
Thereafter, Sri Pandey Neeraj Rai, Advocate, was replaced by Sri Sudarshan Srivastava as he has expressed his inability to work as Member of
the said committee.
However, it appears that despite directions and efforts being made, no concrete report could come up till date.
In pursuance to order dated 10.01.2020, all the members of the said committee, Dr. Pradeep Kumar Singh, Director (C.S.I.R.), Dr. Manish Kumar
Jain, Associate Professor, I.I.T. (I.S.M., Dhanbad), Dr. Manoj Kumar, Associate Professor, Central University, Jharkhand, Sri Sudarshan Srivastava,
Advocate and Sri Atanu Banerjee, Advocate are present in person.
Dr. Pradeep Kumar Singh, Director, C.S.I.R-CIMFR, Dhanbad has submitted before us that in view of nature of work, which has been assigned to
him, he has to travel all along and perform many other duties and for that reason a common date in making inspection is hard to be achieved as the
learned Advocates always prefer Saturdays, Sundays etc.
However, he has submitted an alternative plan that if he is given responsibility, as he is having all the facilities of laboratories at the relevant places,
a detailed report after analysis could be submitted within a period of six months.
Learned Advocate Members have also submitted that they are finding it difficult to sit together on a particular date due to aforesaid reasons.
This Court wants the actual scientific report on the issue and there is no doubt that CIMFR would be having such competency and capacity to
perform such duties. Since the Director, CIMFR has offered his services, this Court accepts it and is inclined to modify the order dated 16.07.2018 to
the extent that henceforth, the responsibility would be of the Director, C.I.S.R.-CIMFR i..e., Dr. Pradeep Kumar Singh to make necessary inspection
and scientific analysis etc. and submit a report within a period of six months.
However, it goes without saying that whenever he will need assistance of any of the parties or any institutions, they would be obliged to extend
such assistance to him because this is being done under the orders of this Court.
Further, it appears from the order dated 13.07.2016 that the State Government had taken stand that it is ready to render all assistance by arranging
vehicles, necessary apprentice, steno etc., for the said purpose for which, a sum of Rs. 25 lacs is ready with the State.
The Deputy Director, Inspector of Factories, Department of Labour submits that the funds are available and he has been instructed to make such
submission by the Chief Inspector of Factories.
In such a situation, let half of the fund be immediately transferred in favour of the CIMFR so that there would be no difficulty in immediately
starting the work, which would be adjustable against the vouchers submitted by the competent authorities of the CIMFR and after such fund is
exhausted, on request of the Director, CIMFR, further fund from the aforesaid 25 lacs would be transferred, which would also be subject to
adjustment against the vouchers submitted.
Let the matter be posted on 20.03.2020.
On the next date of hearing, let a progress report be submitted by the learned Amicus Curiae in consultation with the Director, CIMFR.
The personnel appearance of the three members of the committee, Dr. Pradeep Kumar Singh, Director (C.S.I.R.), Dr. Manish Kumar Jain,
Associate Professor, I.I.T. (I.S.M., Dhanbad), Dr. Manoj Kumar, Associate Professor, Central University, Jharkhand, is dispensed with.