Jagdish Sahai, J. - (1.) The petitioner obtained an A class electrical contractor's licence in the year 1950. It was renewed year after year till the year 1958. The petitioner carried on electric installations in connection with the Shiksha Prasar Pradarshni held by the Education Department of the State as also in the Allahabad Swadeshi Exhibition in the months of October and November 1956. In the Allahabad, Swadeshi Exhibition the 14th of November 1956, was celebrated as the Prime Minister's birthday. There was a programme of fireworks from 9 to 11 p. m. that day. Visitors to the tune of twenty thousand had assembled to witness the fireworks, The petitioner at that time was sitting at his stall. At about 11 p. m. he received information that an old lady had received electric shock and was lying unconscious near about the police station. He rushed to the place of occurrence and saw the lady being taken in a car of the flying squad to the hospital. He enquired from the persons who were standing at the place but nobody could say as to how she received the shock. According to the petitioner he was not responsible for the accident. His version is as follows: "The Janata Yojana wanted to exhibit films and pictures from 13-11-1956 and for this purpose the Yojana wanted a plug point. Dr. M. R. Narain, the Secretary of the Allahabad Swadeshi League directed the petitioner to furnish a plug point to the Yojana to exhibit film pictures. Accordingly on 13-11-1956 the deponent got a plug point fixed on a Balli at a height of about 6 feet from the ground behind the police stall. This was done under the supervision of an efficient supervisor holding the certificate of competency and working on the petitioner's staff. The Balli belonged to the police stall which had been pitched there for the purpose of supporting the string of the police stall. The ballis had been connected inter se for the purpose of strength by horizontal ballis at a height of about 2 feet from the ground. On the night of the accident there was a tremendous rush of visitors and the sight seers were seen resting themselves on the horizontal Ballis in order to have a clear vision of the display of the firework. On or about 16-11-1956 the Assistant Electrical Inspector, Sri Pratap Narain Mulla came to the premises of the Swadeshi Exhibition and made an enquiry from the petitioner in regard to the aforesaid accident. The petitioner gave him the version of the accident to the above effect." The police also made an investigation. According to the petitioner the police dropped the matter because they were of the opinion that the petitioner was not blameworthy. On 19-2-1957 the District Magistrate of Allahabad made an enquiry from the secretary of the Allahabad Swadeshi League and the secretary gave his version of the accident. According to the petitioner he has been furnished with the original communication of the District Magistrate and a true copy of the reply given by the secretary. The petitioner received a communication from the Electrical Inspector U. P., dated 19-11-1958. On 21-11-1958 whereby his licence was cancelled and be was precluded from obtaining a licence for the next two years. On these facts the petitioner has moved the present writ petition. The prayer in the petition is for the issue of an order, direction or writ in the nature of certiorari quashing the order dated 19-11-1958 (annexure B).
(2.) A counter affidavit has been filed which is sworn by Sri Pratap Narain Mulla Assistant Electric Inspector to the Government of U. P. It is stated therein that on 15-11-1956 the Electric Inspector to U. P. Government received a telegram from the U. P. Electric Supply Co. Ltd., Allahabad, that a lady had been electrocuted at the Allahabad Swadeshi Exhibition. Sri Mulla was therefore deputed to investigate into the master. He carried out the investigation at the spot on 16th, 17th and 18th November 1956. The services of M/s Kohli Photo Service were also requisitioned on 16-11-1956 for taking photographs at the site of the accident. Sri Mulla also obtained copies of photographs taken by Sri S. K. Bose, Chief Fire Officer, Allahabad on 15-11-1956. Sri Mulla recorded the statements of several persons and carried out an on the spot enquiry. He submitted his report to the Electric Inspector who forwarded it to the Government. The Government examined the investigation report and agreed with the recommendation made by Sri Mulla and the proposal of the Electric Inspector that the licence of the petitioner be cancelled and he be debarred from taking electrical contractor's licence for two years next. It is further alleged that the licence of the petitioner was cancelled under Clause 21(1) of the Government Notification No. 877/E1-86-1938 dated 2-6-1942 (hereinafter referred to as the Notification). It is alleged in the counter affidavit that the petitioner was negligent and after the accident had occurred most of the people who had gathered at the time were saying that the lady had become unconscious as a result of touching the electric wire. It is stated that Sri M. P. Narayan also stated that most of the persons who were assembled there said that the lady had become unconscious on touching the electric wire. It is also alleged in the counter affidavit that Sri K. G. Mehrotra, Reserve Inspector. Police Lines, Allahabad, also said that the two ladies who were accompanying the lady who was electrocuted stated that the wire which was fixed to the Balli was hanging downwards and the old lady got electrocuted after touching it. It is also stated in the counter affidavit that Smt. Subba Laxmi and her sister Rajjam Bal who were accompanying the old lady also staged that the deceased caught hold of the wire by left hand and fell down on the ground.
(3.) A rejoinder affidavit has been filed which is sworn by Sri R. J. Singh the petitioner. It is not necessary to mention the various allegations made in the rejoinder affidavit. It is sufficient to state that the petitioner has reiterated the allegations made by him in his original affidavit. Along with this rejoinder affidavit has been filed an affidavit sworn by Sri M. P. Narayan the General Secretary of the Allahabad Swadeshi League which held the All India Swadeshi Exhibition and Mela in the months of November and December 1956. Sri Narayan has supported the case of the petitioner.;