NEW DELHI, July 21:
CBI today informed a special court that “despite reminders”, no decision has been taken yet by the competent authority on the issue of grant of sanction to prosecute two public servants for their alleged involvement in two separate cases in the coal block allocation scam.
The agency informed Special CBI Judge Bharat Parashar that in accordance with the court’s earlier order, it sent the entire relevant records of the case, along with statements of witnesses, to the competent authority way back in February but no decision has been taken on the issue.
The two public servants against whom sanction is awaited are — K S Kropha, then Joint Secretary in Coal Ministry, and K C Samaria, then director in Coal Allocation section of the ministry.
“It has been submitted (by CBI) that despite reminder, no decision on the said request for considering according of sanction has been taken by the competent authority,” the court noted.
During the hearing, CBI said that as over five months have elapsed since records were sent to the competent authority, it should be deemed that sanction has been granted.
“Senior public prosecutor says as the period of five months have elapsed since the records were sent to competent authority for according of sanction, so this court should conclude that the sanction for prosecution of public servants, as asked for, is deemed to have been granted,” the judge said and fixed the matter for consideration tomorrow.
CBI also filed final report of its further investigation carried out in both the cases.
The court had earlier refused to accept closure reports filed by CBI in two separate cases lodged against two firms, JLD Yavatmal Energy Ltd and JAS Infrastructure and Power Ltd, now known as JAS Infrastructure Capital Pvt Ltd, and others.
The court had on November 20, last year directed CBI to further probe the matter after refusing to accept its closure report in the case in which an FIR was registered against JLD Yavatmal Energy Ltd, its directors Rajya Sabha MP Vijay Darda, his son Devendra Darda, Rajendra Darda, Manoj Jayaswal, Anand Jayaswal and Abhishek Jayaswal and other unknown persons.
CBI had lodged the FIR in the case under sections 420 (cheating) and 120B (criminal conspiracy) of IPC.
The agency had later filed a closure report, saying no undue benefit was given to M/s JLD Yavatmal Energy Ltd by the Coal Ministry in the allocation of coal block.
The court had refused to accept the closure report saying CBI’s probe was “incomplete” and there was nothing clear in it.
On November 20, last year, the court had directed CBI to further probe the matter saying the conduct of former Coal Secretary H C Gupta and the two public servants prima facie fell under the ambit of criminal misconduct.
The agency had lodged an FIR in the case on the allegation that the company had not disclosed to the Coal Ministry that it was already in possession of coal blocks.
However, during the investigation, CBI could not find any “prosecutable evidence” against the firm and others and had filed a closure report. (PTI)
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