CBI registers case against officials of Kamarajar Port Ltd

The CBI has registered a case of graft against two general managers of Kamarajar Port Limited, a 'Mini Ratna' firm, for allegedly favouring a private contractor in realising dues worth Rs 55 crore.
KPL works on a model in which it undertakes overall planning, dredging and renders marine services but cargo handling terminals are developed primarily through private public partnership on build, operate and transfer (BOT) basis.
KPL handles coal for Tamil Nadu Electricity Board (TNEB) while rest of the business is dealt by BOT operators, the CBI FIR claimed.
Chettinad International Coal Terminal Pvt Ltd (CICTPL) was engaged in 2010 as one of the BOT operators for non-TNEB coal terminal on revenue share basis, it said.

The FIR alleged that CICTPL is not paying full revenue share to KPL from the day it commenced operations.
In an alleged violation of Licence Agreement, CICTPL is paying the revenue share after deducting the augmentation charges, it said.

When demand for full revenue was raised by KPL, CICTPL had invoked dispute resolution mechanism but the expert committee constituted under it rejected claims of CICTPL.
The outstanding revenue share portion of augmentation charges as on July 31, 2012 was Rs 17.21 crores, CBI alleged.
"The reliable information revealed that Sanjay Kumar and Gunasekar (both general managers at KPL) in criminal conspiracy with M/s CICTPL company dishonestly failed to realise the outstanding amount of Rs 17.21 crores without invoking the available bank guarantee of CICTPL," it alleged.

It alleged Gunasekar deliberately delayed the invoking of bank guarantee of Rs 23 crore deposited by CICTPL by seeking legal opinion on which Sanjay Kumar also agreed.
"Despite having the bank guarantee of CICTPL for Rs 23.36 crore and approval of competent authority, Gunasekar dishonestly did not take any action on the internal note of the operations department. Sanjay Kumar also did not take any action for invokinq the available bank guarantee of M/s CICTPL to recover the outstanding dues of Rs 19.66 crore," it said.
In between arbitration proceedings were held during which it was decided that the total dues towards CICTPL have increased to Rs 55.46 crore, CBI FIR alleged.

"Despite the advice of Legal Counsel, Sanjay Kumar and Gunasekar failed to take further action for the recovery of the outstanding amount from CICTPL by invoking the available bank guarantee," it alleged.
CBI has alleged that the acts of Kumar and Gunasekar allowed CICTPL to retain about Rs 55 crores from 2010 onwards.
It is reliably learnt that Kumar and Gunasekar deliberately allowed the non-collection of revenue share out of the total revenue.
CBI alleged that the illegal retention of the amount by the company for which it was not eligible amounts to causing undue pecuniary advantage under Prevention of Corruption Act.