Sources said although no formal communication has come from the Ministry, but in case all files as sought by the CBI are not traced then a complaint has to be given to the agency to probe the missing files.
They said the agency cannot register a case unless a complaint is received from the Ministry which would have to concede first that specific files have indeed gone missing and are not in records.
The agency in its letter dated September 2 to Attorney General G E Vahanvati had given an exhaustive list of over 50 allocations, the files of which have not been received by it.
The apex court had directed the Coal Ministry that if any documents remain untraceable, then FIRs have to be lodged by the Coal Ministry with the CBI within a week thereafter.
"You (Centre) cannot do like this. Your explanation that files are being searched is not reasonable. This will not help," a three-judge bench headed by Justice R M Lodha said.
"Four months have passed. Have you filed an FIR for missing files. Is it an attempt to destroy the records. Truth must come out," the bench, also comprising justices Madan B Lokur and Kurian Joseph, said while noting that missing documents pertain to financial aspects of the allocations.
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