One of them, KC Samria, was a Deputy Secretary-Rank officer with the Ministry of Coal in 2006-2007. The CA-I department processed applications related to “illegal” coal block allocation before joining, later forwarding the application for electricity and coal ministries and state governments where coal blocks are laid for reviews and inputs. Later, the application reached the screening committee desk.
Records show that Samria received an additional charge of CA-I section on 16 March 2007. CA-I section, CBI found, received incomplete applications between 6 November 2006 and 12 January 2007, and investigated them before Samriya joined.
Nevertheless, the Department of Personnel and Training (DOPT) approved the CBI request to prosecute Sairea in four cases. The agency requested DOPT in compliance with the Prevention of Corruption Act, 1988, under which a department should approve the prosecution of a government official or minister.
Five years later, however, the same DOPT rejected the request to prosecute Sameria in five other cases to reject the CBI request that the officer was not posted with the CA-I of the Ministry of Coal when companies had applied to coal blocks. Meanwhile, the trial court ordered a case of Samria in another case, in addition to the restrictions of four cases.
Since then, five orders have rejected the CBI permission to prosecute the CBI, saying that the officer was not looking after the check in the CA-I section. The dopt came to the conclusion on the advice of the Ministry of Coal, which was stated by Sream.
Also read: Coal block allotment case: How the court junk every charge leveled by CBI 2 UPA-era officials
Trial court order
After considering on-ridden materials, the Ministry of Coal refused to approve the testing of the samples. Therefore, the trial court could not initiate legal proceedings against him in five cases despite naming the CBI charge sheet.
Decreeing the CBI request, the DOPT ignored the advice of the Central Vigilance Commission (CVC). On disregarding the CBI report and other records, the CVC agreed with recommendation to prosecute Sairea in all five cases. However, due to the weightage, it was given the findings of the Ministry of Coal, Dopt did not pay attention to the CVC.
“And, whereas, the competent authority (Ministry of Coal), the CBI investigation report, the Ministry of Coal’s comments, the advice of the CVC, and the facts and the circumstances of the case, after the comments and careful examination, no criminal misconduct has been established against the Samria,” said the DOPT orders in all five cases.
When the Ministry of Coal realized that Sairea was not a CA-I section officer-in-charge during irregularities and dismissed the CBI request, the trial court had already convicted him in two cases. They belonged to M/S Kamal Sponge Steel and Power Limited (KSSPL) and M/S Vikash Metal and Power Limited (VMPL) allocated coal blocks.
The court decided to verdict in the KSSPL case on May 19, 2017 and VMPL’s decision on November 30, 2018. His lawyer said after relaying the trial court that the solution was not taking care of the department who investigated the applications, said that the solution should have been checked even after handling their position.
In another case, the trial court heard against Sambriya, without a formal approval to prosecute the officer, has an illegal allocation of coal blocks to M/S JLD. The assistant is pending on this matter. Similarly, a test against Saparia is pending in the M/S Visa Power Limited case. His Barbar has come in only one case which includes M/s Navabharat Power Private Limited.
In its appeal before the Delhi High Court, the files were filed immediately after two decisions, the soria defended themselves, saying that they were not with the CA-I department when companies applied for consideration for coal block allocation. Following its appeal, DOPT also learned that Sairaia was not in the CA-I branch during the commission of alleged crime.
Talking to Theprint, Samria’s lawyer, Rahul Tyagi said, “When he was not the director C-1, prosecution of the equilibrium for an alleged lapse of a period, is another example of the non-use of the mind during the investigation and the pre-determined decision to prosecute the IAS officials of the Moc (Ministry of Coal).”
For semria beliefs, he convicted media propaganda, stating that a quiet and forensic examination of facts and applicable laws could not be initially.
He said, “Hype has now died, and evidence has come to light, Mr. Samriya no longer faces prosecution on the facts for which he was initially convicted, as the government (Center) refused to approve the prosecution against him,” he explained.
“It is very sad that an honest Dalit officer, the youngest of his batch, is suffering from this way. Everyone has expected them to reach the highest level of administration at a very young age, but their entire career is now in trouble due to these meaningless and wrong prosecution.”
CBI requests denied
In April 2020, DOPT rejected the CBI on December 11, 2018, requesting the M/s Vandana Vidhaut Limited to clarify the prosecution of the consumption in the case related to the case, given that Samia took over the CA-I section on 16 March 2007.
“When the application was obtained in the section, Samaria was not taking care of the work of the respective section,” the order said. This quoted the decision of the Administrative Ministry, namely, to reject the approval for prosecution, Ministry of Coal.
Despite the new stand of DOPT, the CBI sent another letter on 16 September 2020, in which permission was sought to initiate a test against Samria in the case of M/s Prakash Industries Limited, which is allegedly receiving mining license even after violating the guidelines. DOPT refused to entertain the request on July 2, 2021.
Month later, on 20 October, 2021, the DOPT, due to the facts and carefully, rejected the prosecution of Sambriya in the naming of M/S Constitution. The CBI sent its request for approval on November 10, 2020.
The detailed order mentions that the advertisement inviting applications for mining lease has mentioned that the documents would be checked in the initial stage when Sairaia was not taking care of the CA-I section. It further stated that no documentary evidence on the record proves that the completion of applications remained uncontrolled.
The order between investigation and investigation of applications is distinguished. It said that the non-scrutiny of applications did not indicate whether the non-scrutiny of the applicants was formally given to the shortlisted applicants, whether the completion and eligibility of the applications became uncontrolled in the initial stage.
Therefore, DOPT, in its order, was mentioned that after joining the CA-I, there was no reason for the semria, to investigate the process allegedly done in the initial stage. Therefore, the solution was also absent during the formalities of applications, unaware of the matter, dopt order mentioned.
Four days after DOPT refuses its prosecution, the ministry turned down another CBI request against Samria in the case against M/s Prakash Industries Limited. The rejection order was detailed as a one issued on October 20, 2021 in the case of M/S Constitution.
The CBI once again approached DOPT in June 2023, asking the agency to prosecute Sampra to ask for it, but the DOPT declined on 17 August 2023.
Apart from Samriya and other ministry officials, M/S RKM Powergame was the company against which the CBI is investigating allegations of corruption.
(Edited by Madhurita Goswami)