AI Structured Summary
Not yet generated for this judgment
Judgment
Biswanath Rath, J
This writ petition has been filed with the following prayer:-
“It is therefore prayed that your Lordships may graciously be pleased to direct the Opp. Parties No.1 to 3 to show cause as to why the investigation/enquiry report shall not be supplied either to the Petitioner or to the Insurance Company i.e, Opposite Parties No.4 to 6 for settlement of the claim of the Petitioner Company within a stipulated time. If the Opp. Partis No.1 to 3 fail to show cause or show insufficient cause specific direction may be issued to Opp. Party No.1 to 3 for supply of such investigation report and in the alternative the Opp. Party No. 4 to 6 be directed to settle the claim of the petitioner either on the basis of the investigation report or by any other alternative mode pursuant to the direction of this Hon’ble Court.”
It is in the process of consideration of the claim of the Petitioner, this Court looking to the reply of Opposite Party Nos.1 to 3 in the counter affidavit finds, Opposite Party Nos.1 to 3 have made the following reply in paragraph no.7 of the counter affidavit:-
“7. That as the subject matter of the issue in question “Collapse of first two floor slab under construction for the link building between ‘Terminal No-1’ and ‘Terminal No-2’ of Biju Pattnaik International Airport, Bhubanesar” is still pending for adjudication vide Airport Police Station Case No-19 of 2020 corresponding to C.T. Case no-444 of 2022 under the judgeship of Learned District Judge, Khurda at Bhubaneswar. The enquiry report was not provided to the petitioner for confidential issue. It is well available with the Investigating Officer, Airport Police Station, Bhubaneswar. It is part of the investigation. However the present deponent is having the copies thereof. The Enquiry was conducted through the State Government ‘ Office of the Engineer-in-Chief (Civil), Odisha, Nirman Saudha, Bhubaneswar as well as Executive Director, Eastern Region, Kolkata and GM (Engg.), Regional Headquarter, Eastern Region, Kolkata. The copies of the above report can be submitted with leave from this Hon’ble Court.”
Reading the above this Court finds, once the inquiry report has come to exist, it has to see the light of the day in one day or other. Further if the Petitioner here is likely to be aggrieved by such order, there should not be any hesitation to supply such inquiry report to the Petitioner. Since the claim of the Petitioner involved herein has a bearing on such report, this Court observes, unless such inquiry report is provided to the Petitioner, there may not be a lawful disposal to the claim of the Petitioner. In the process this Court directs Opposite Party Nos.1 to 3 to extend a true authenticated copy of the inquiry report along with supportive documents, if any, to the Petitioner within a period of seven days from the date of communication of a certified copy of this order by the Petitioner.
Writ Petition stands disposed of with the above order.
…………………………………