Two senior government servants, who were summoned as accused along with others in a coal scam case, will now face prosecution for alleged offence under the Prevention of Corruption Act, a special court has said.
Two senior government servants, who were summoned as accused along with others in a coal scam case, will now face prosecution for alleged offence under the Prevention of Corruption Act, a special court has said.
Special CBI Judge Bharat Parashar took cognisance of the alleged offence under section 13(1)(d) of the Prevention of Corruption Act against accused K S Kropha, then Joint Secretary of Ministry of Coal (MoC), and K C Samria, who was the then Director (Coal Allocation-I section) in MoC.
The section deals with offence of criminal misconduct by a public servant by corrupt or illegal means. The court order came after the CBI on July 22 informed it that the Centre has accorded sanction to prosecute Kropha and Samria for the alleged offence under the anti-graft law.
"I accordingly proceed to take cognisance of the offences under section 13(1)(d) PC Act against accused KS Kropha and KC Samria also," the judge said.
The case pertains to alleged irregularities in allocation of Thesgora-B Rudrapuri coal block in Madhya Pradesh to M/s Kamal Sponge Steel and Power Ltd (KSSPL). The court on October 13 last year had summoned former Coal Secretary H C Gupta, Kropha, Samria, KSSPL's Managing Director Pawan Kumar Ahluwalia, chartered accountant Amit Goyal and the company as accused in the case after refusing to accept CBI's closure report.
They were summoned for the alleged offences under sections 120-B (criminal conspiracy), 409 (criminal breach of trust by public servants) and 420 (cheating) of the IPC. Only Gupta was summoned for the alleged offences under the anti- graft law.
In its order last year, the court had noted that since Kropha and Samria were active public servants so no cognisance for the alleged offence under the Prevention of Corruption Act could be taken against them due to want of sanction.
Earlier, former Coal Secretary HC Gupta and five others, including two senior public servants, were summoned as accused by a special court for their alleged roles in a coal block allocation scam case.
Besides Gupta, the court summoned KS Kropha, then Joint Secretary of Ministry of Coal (MoC), and KC Samria, who was then Director (Coal Allocation-I section) in MoC, Brahmani Thermal Power Pvt Ltd (BTPPL), its Chairman P Trivikrama Prasad and its Vice-Chairman Y Harish Chandra Prasad as accused in the case.
They were summoned for the alleged offences under sections 120-B (criminal conspiracy), 409 (criminal breach of trust by public servants) and 420 (cheating) of IPC and under the provisions of the Prevention of Corruption Act.
Special CBI Judge Bharat Parashar yesterday summoned them for August 19 in connection with a case pertaining to alleged irregularities in allocation of Rampia and dip side of Rampia coal block in Odisha to M/s Navbharat Power Pvt Ltd (NPPL), which is now known as BTPPL, in January 2008.
The court summoned them as accused after taking cognisance of CBI's final report filed in the case.
"I, thus, hereby take cognisance of offence under section 120-B IPC against all the accused persons i.e. M/s BTPPL, its Chairman P Trivikrama Prasad and Vice-Chairman Y Harish Chandra Prasad, H C Gupta, K C Samria and K S Kropha and also of the offences under section 120-B/409/420 IPC and under section 13(1)(c)/13(1)(d) of PC Act against them besides of the offences under section 13(1)(d) PC Act against H C Gupta, K S Kropha and KC Samria," the judge said.
While summoning Gupta, the court said that being the then Coal Secretary, he was "duty bound under the law to ensure its distribution/allocation in accordance with the rule of law to deserving applicant companies".
"However, on account of his (Gupta) failure to take reasonable safeguards as was expected of him while working as such public servant coupled with various acts of omission and commission as discussed in order dated November 12, 2014, the important natural nationalized resources of the country were allowed to be misappropriated by M/s NPPL," the court said.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Coal scam")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}