SUBRATA TALUKDAR,J - (1.) Under challenge in this writ petition is the order dated 1st of May, 2018 being Order No. 518 of the Director (Tourism) (hereinafter referred to only as the Director). By the said impugned order the licence of the petitioner Company (for short the Company) to carry out water sports activities throughout the Andaman & Nicobar Islands (for short the Islands) was terminated. The Company was blacklisted from participating in any offers/tenders floated by the respondents/the Administration to hold water sports activities anywhere in the Islands.
(2.) The genesis of the said impugned order is the unfortunate death of a tourist at a beach in North Bay while scuba diving under the guidance of the Company acting through its diving instructors and dive masters.
(3.) The death occurred in the evening of the 13th of February, 2017. After the death, the sister of the unfortunate tourist, lodged a First Information Report with the local Police Station alleging negligence on the part of the staff of the Company.;