Special CBI Judge Bharat Parashar said he would also consider the issue of grant of according sanction to try two public servants in the case which was still pending before the competent authority for alleged offence under Prevention of Corruption Act.
During the hearing, CBI told the court that file was sent to the competent authority to get the sanction on January 21. The court fixed the matter for further hearing on July 2.
CBI had approached the competent authority for considering granting sanction to prosecute the then Joint Secretary of Coal Ministry, K S Kropha, and then Director (Coal Allocation-I section) K C Samaria.
The court, in its order on October 13 last year, had noted that since Samaria and Kropha 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 court had earlier summoned former Coal Secretary H C Gupta, Kropha, Samaria, KSSPL's Managing Director Pawan Kumar Ahluwalia, chartered accountant Amit Goyal and the company as accused in the case after refusing to accept CBI's closure report in the matter.
The accused were earlier granted bail by the court after they had appeared in pursuance to summonses for alleged offences under sections 120-B (criminal conspiracy) read with 409 (criminal breach of trust by public servant) and 420 (cheating) of IPC. Only Gupta was summoned for the offences punishable under the provisions of PCA.
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