'No Proof That Act Wasn't in Public Interest': Delhi Court Discharges Ex-Coal Secy, Others in CBI Case
The Wire Staff
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New Delhi: A Delhi court has discharged former coal secretary Harish Chandra Gupta, former joint secretary K.S. Kropha and various other individuals in an alleged 'scam' concerning allocation of the Fatehpur East Coal Block in Chhattigarh, The Indian Express reported.
The order was delivered by special judge Dheeraj Mor of the Rouse Avenue courts. The two public servants were involved in a case, over allegations of criminal conspiracy, cheating and corruption involving M/s. R.K.M. Powergen Private Limited Company (RKMPPL), its directors and officials from the ministry.
An FIR was registered based on a preliminary inquiry by the Central Bureau of Investigation.
According to the FIR, the screening committee and the coal ministry officials allegedly bypassed eligibility norms and recommended RKMPPL and others for allocation, and issued shares at a high premium favouring its Indian promoter after the coal block was allocated. The probe revealed that the consent letters for land acquisition were forged.
As per a LiveLaw report, the detailed project report (DPR) attached with RKMPPL's application was found to be inconsistent and falsely represented the power project capacity and preparation status.
The court observed that the recommendation of the screening committee was in public interest and there was no reason to prima facie presume that RKMPPL and its directors made false claims qua land in any of their communications, including application forms and feedback form with government departments, including the coal ministry, power ministry or the Chhattisgarh government for seeking allocation of Fatehpur East Coal Block.
“Therefore, there is not even an iota of material available on record to suggest that the act of accused public servants was without public interest. Hence, the essential ingredient of offence punishable under Section 13(1)(d)(iii) PC Act is conspicuously missing,” Special Judge Mor said, as per the report.
He further said that the “allegations of the prosecution that accused no.1 company gave misleading information or claimed false facts qua the aspect of finance are unfounded. Rather, the said claim is established to be genuine and correct which has been buttressed by the afore discussed subsequent conduct of accused no.1 company.”
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