Court directs CBI to further probe against ex-Coal Secy, others

The case involves a Nagpur-based firm

The conduct of former coal secretary H C Gupta and two other government officials prima facie falls under the ambit of criminal misconduct, a court on Thursday said, directing the Central Bureau of Investigation (CBI) to further investigate a coal blocks allocation scam case involving a Nagpur-based firm, in which the agency had filed a closure report.

The court said it seemed clear the officers of the ministry of coal or the screening committee acted in a manner which was “detrimental” to the public interest and they allowed JAS Infrastructure and Power Ltd, now known as JAS Infrastructure Capital Pvt Ltd (JICPL), to “misappropriate” the nationalised natural resources of the country.

The court, which refused to accept CBI’s closure report, ordered further probe in the case and directed it to file a progress report on December 19.

It also said, besides JICPL, the company, which had applied for allocation of Mahuagarhi coal block in Jharkhand, “its director Manoj Kumar Jayaswal, on  whose instance the false information was submitted or the misrepresentation was made, is prima facie liable to be proceeded against”.

The court passed the order in the case in which CBI had earlier filed closure report and lodged an FIR against Nagpur-based businessman Manoj Jayaswal, JAS Infrastructure and Power Ltd, Abhishek Jayaswal and Anand Jayaswal for alleged irregularities by the firm in acquiring coal blocks.

The judge said that in his opinion the conclusion drawn by CBI to close the case "cannot be accepted" and prima facie offence of cheating under section 420 of the IPC by private parties involved has been committed in furtherance of a criminal conspiracy under section 120 B of IPC hatched between them and the officers of MOC and Screening Committee.

On October 27, Special Public Prosecutor R S Cheema had differed with CBI's conclusion seeking closure of the case saying the court should proceed against the accused.