Coal news and updates

Coalgate: ‘Conduct of ex-coal secretary, officials suspect’

A special court on Thursday directed CBI to further investigate in a coal blocks allocation scam case involving a Nagpur-based firm saying the conduct of former coal secretary HC Gupta and two other government officials prima facie falls under the ambit of criminal misconduct. Rejecting CBI's closure report in the case, special CBI judge Bharat Prashar directed the agency to file the progress report on December 19.

The court said it was prima facie clear that the officers of the ministry of coal or the screening committee acted in a manner which was "detrimental" to the public interest and they allowed JAS Infrastructure and Power Ltd, now known as JAS Infrastructure Capital Pvt Ltd (JICPL), to "misappropriate" the nationalized natural resources of the country, i.e. coal.

The court passed the order in the case in which CBI has filed a closure report in the matter in which it had lodged an FIR against Nagpur-based businessman Manoj Jayaswal, JAS Infrastructure and Power Ltd, Abhishek Jayaswal and Anand Jayaswal for alleged irregularities by the firm in acquiring coal blocks. However, On October 27, special public prosecutor RS Cheema had differed with CBI's conclusion seeking closure of the case saying the court should proceed against the accused.

Ordering further probe in the case, the court said, "It is also prima facie clear that HC Gupta, who was secretary, ministry of coal and was also the chairman of screening committee, KS Kropha, the then joint secretary, MOC and who was also the member-convener beside KC Samaria, the then Director, CA-I, MOC were the persons responsible to take all those safeguards which were necessary to protect the public interest and thus they ought to be proceeded against."

The court held that the conduct of public officials clearly falls within the four corners of the offence of criminal mis-conduct as defined in Section 13 (1)(c) and 13(1)(d)(iii) of the Prevention of Corruption Act besides offence under section 409 IPC read with Section 120-B IPC. While Gupta has retired, Kropha and Samaria are still in service and prior sanction is required to prosecute them. The court asked CBI to place before the sanctioning authority the records of the case for considering the issue of according sanction to prosecute public servants involved for the offence under the PC Act.

It added that besides JICPL, the company which had applied for allocation of Mahuagarhi Coal Block in Jharkhand, "its director Manoj Kumar Jayaswal at whose instance the false information was submitted or the misrepresentation was made, are prima facie liable to be proceeded against".

Declining CBI's closure report, the judge said that in his opinion the conclusion drawn by CBI to close the case "cannot be accepted". On the role of private parties, the court said prima facie offence of cheating under section 420 of the IPC has been committed by them in furtherance of a criminal conspiracy under section 120 B of IPC hatched between them and the officers of MOC and screening committee.

The court said if the entire process of coal block allocation is seen and analysed, the same speak volumes about the "active collusion" between the public servants involved in the process and the private parties in whose favour the coal block stood allotted. It added that it was prima facie clear that the entire process of allocation of coal block as carried out by MOC and the Screening Committee was a "sham affair".

Source: The Times of India