CBI charges against Madhu Koda and seven others in coal scam case

New Delhi: Former Jharkhand Chief Minister Madhu Koda, ex-chief secretary Ashok Kumar Basu, former coal secretary HC Gupta and five others have been chargesheeted by CBI in a coal scam case relating to allocation of coal blocks to a Kolkata-based firm.

The chargesheet was filed two months after the court on 4 September had returned CBI's final report filed in the case, observing that the probe agency had failed to give any plausible explanation to its queries.

 CBI charges against Madhu Koda and seven others in coal scam case

Madhu Koda. AFP

The decision to file chargesheet in the case came after the Supreme Court on December 8 had allowed CBI to file chargesheets or closure reports in coal scam cases in which it had earlier restrained the agency from doing so in view of allegations against its then Director Ranjit Sinha.

The chargesheet was filed before Special CBI Judge Bharat Parashar, who fixed it for consideration on 22 December after the investigating officer (IO) said he will file the necessary documents within a couple of days.

Besides Koda and the two senior retired bureaucrats, the agency has named two serving public servants, Basant Kumar Bhattacharya and Bipin Bihari Singh, Director of Vini Iron Steel and Udyog Ltd Vaibhav Tulsyan and Vijay Joshi as accused in the case.

Kolkata-based Vini Iron Steel and Udyog Ltd has also been arrayed as an accused in the case.

All the accused have been chargesheeted for the offences punishable under Sections 120-B (criminal conspiracy), 420 (cheating) of the IPC and under provisions of the Prevention of Corruption Act.

CBI told the court that seven others, Sanjeev Tulsyan, Prashant Tulsyan, Nisha Tulsyan, Vimal Kumar Tulsyan, Nirmala Tulsyan, Hemant Kumar Aggarwal and Navin Kumar Tulsyan, were not chargesheeted as they were not found involved in any manner in commission of the offences.

"In the facts and circumstances of the case, it is directed that IO shall prepare a compilation of the relevant set of documents initially for consideration of the present final report by the Court. E-challan be also filed. Put up the matter for consideration on December 22," the judge said.

Senior public prosecutor VK Sharma told the court that sanction to prosecute Bhattacharya and Singh, who are still in government service, has been obtained from competent authority and though the original sanction orders were awaited but its copies have been received by fax.

Sharma said that original sanction order will be filed in the court within a few days as it was in transit from Ranchi.

The case pertains to allocation of coal blocks to Vini Iron and Steel Udyog Ltd in Jharkhand's Rajhara town in which its directors and unknown public servants of the Coal Ministry, Jharkhand government and others were made accused in the FIR lodged by the CBI in September 2012.

The agency has also filed two separate charge sheets in coal scam cases involving Nagpur-based Grace Industries Ltd and Jharkhand-based Jharkhand Ispat Pvt Ltd.

In its charge sheet against Grace Industries Ltd, CBI has named the company and one of its directors Mukesh Gupta as accused for the offence under section 420 (cheating) of IPC.

However, one of its other directors, Seema Gupta, who was named as accused in the FIR in which the CBI had alleged that the firm had bagged the Lohara East coal block in Maharashtra in 2008 by allegedly misrepresenting their net-worth, has not been chargesheeted.

The agency informed the court that no case was made out against any public servant in this case. The court has fixed 22 December for consideration of the chargesheet.

In its final report against Jharkhand Ispat Pvt Ltd, CBI has chargesheeted some private persons as accused for cheating, criminal conspiracy and forgery.

The chargesheet will come up for consideration before the court on 18 December.

CBI had lodged an FIR against Jharkhand Ispat Pvt Ltd and its Chairman RS Rungta, Managing Director RC Rungta and other directors of the firm alleging they had misrepresented the facts in its application form for Pakri Barwadi West and Gondal Para coal blocks.

The agency sources had said the firm was finally allotted North Dhadu coal block in Jharkhand on 13 January, 2006.

Besides these three charge sheets, the CBI has also filed a closure report in the court in a coal scam case in which it had earlier filed an FIR against Prakash Industries Ltd and others.

The closure report has been fixed for consideration by the court for 23 December.

In its FIR lodged against Vini Iron Steel and Udyog Ltd, the agency had alleged that initially the firm was not having recommendation of either the Ministry of Steel or Jharkhand government but the then Jharkhand chief secretary, who had attended 36th Screening Committee meeting on 3 July, 2008, had signed minutes of the committee which had recommended allocation in favour of the firm.

CBI had alleged that Vini Iron and Steel Udyog Ltd had fraudulently claimed an inflated net worth and the ownership of the firm too had changed hands during the intervening period of the 36th Screening Committee.

PTI

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Updated Date: Dec 12, 2014 17:41:33 IST