Court to pass detailed order on sanction issue
Special CBI Judge Bharat Parashar said this after the agency said they had not yet received any communication from the Department of Personnel and Training (DoPT) on the sanction issue and the court should now proceed with an inference that sanction is deemed to have been granted.
The CBI said they had sent relevant records of the case to DoPT in January this year for considering grant of sanction to prosecute K S <g data-gr-id="29">Kropha</g>, the then Joint Secretary in the Coal Ministry, and K C Samaria, then Director (Coal Allocation-I section) there, for alleged offence under the Prevention of Corruption Act.
It said <g data-gr-id="33">as</g> per the Supreme Court order, the court should infer that sanction is deemed to have been granted by competent authority as over four-and-a-half-month have elapsed since the case records were sent to it. "I would be passing a detailed order on this issue. I will look into all the records and details of the case," the judge said and posted the matter for consideration on July 22. The court would consider the CBI's final report on its further probe in the case pertaining to alleged irregularities in allocation of <g data-gr-id="31">a MP</g> coal block to Kamal Sponge Steel and Power Ltd (KSSPL).
The court, in its order on October 13 last year, had noted that since Samaria and <g data-gr-id="22">Kropha</g> were still in government service, no cognizance of alleged offences under anti-graft law could be taken against them due to want of sanction.
The case pertains to alleged misrepresentation of facts, including inflated net worth, by MP-based company KSSPL to acquire Thesgora-B <g data-gr-id="23">Rudrapuri</g> coal block in the state.
No sanction to try govt servants in coal scam: CBI tells court
CBI on Thursday told a special court that there has been "no progress" on the issue relating to grant of sanction by the Department of Personnel and Training (DoPT) to prosecute two public servants for their alleged involvement in a coal block allocation scam case. The agency submitted that relevant case records were sent to the competent authority for considering according sanction to try K S <g data-gr-id="48">Kropha</g>, then Joint Secretary of Ministry of Coal, and K C Samaria, then Director (Coal Allocation-I section) in the Coal Ministry, for the alleged offence under the Prevention of Corruption Act. It said as over four-and-a-half months have elapsed since the records were sent to the competent authority, the court should deem that sanction has been granted to prosecute these accused in terms of the judgement passed by the Supreme Court.