India
Court acquits ex-coal secy, four others and firm in Odisha coal scam case | India News – Times of India
Special Judge Sanjay Bansal has acquitted former Coal Minister Harish Chandra Guptaformer Joint Secretary of the Ministry of Coal KS Kropha, and former Director of the Coal Allocation Department of the Ministry KC Samria, noting that accused officials cannot be held accountable when Navbharat Power Pvt Ltdthe company that received the coal block followed the correct processes and was eligible.
There is no cheating Odisha coal scam: Court
When the application (by NPPL) is found to be complete and the applicant is found to be an eligible applicant, and allotment was recommended to a company which had received a recommendation from the MoP (Ministry of Power) and the State Government of Odisha, the accused was Civil servants cannot be held liable for any crime. For any failure on their part, the accused officials may be administratively liable, but certainly not criminally liable, given the facts and circumstances of the present case,” the court concluded.
The court noted that the company had obtained several clearances from various authorities and had made substantial progress in developing the coal block and completing the power project. The court said that these factors showed that the organization was a competent company and that the allocation of resources to add coal block to it was not a wrong decision.
The court noted that there was no deception as no one was persuaded as the application was found to be complete when the applicant company NPPL was found to be an eligible company and no misrepresentation was made by the company . No doubt arises as to the existence of any conspiracy. It is held that the prosecution has failed to prove any conspiracy.”
It also acquitted NPPL, which later changed its name to Brahmani Thermal Power Private Limited (BTPPL), then Chairman P Trivikrama Prasad, and then Managing Director (MD) Y Harish Chandra Prasad. It acquitted all six accused of the charges, including IPC sections 120B (criminal conspiracy), 406 (criminal breach of trust) and 420 (cheating), and sections under Prevention of Corruption Act.
The case pertains to the said company which acquired coal blocks in Odisha’s Rampia, Dipside of Rampia and Mandakini between 2006 and 2008 by allegedly misrepresenting its financial strength, assets and land holdings.
In September 2012, an FIR was registered under sections of the Prevention of Corruption Act, along with relevant provisions of the IPC, based on a referral from the Central Vigilance Commission (CVC).
