The failure of competent authority to take a decision on CBI's request for according sanction to prosecute two senior public servants in coal scam cases today prompted a special court to proceed with the assumption that sanction has been granted.
"I am of the considered opinion that on account of failure of competent sanctioning authority to take any decision on the request of CBI for considering according of sanction to prosecute public servants under section 19 Prevention of Corruption Act viz either to grant or to refuse, the necessary corollary which emerges out is that sanction should be deemed to have been granted by the competent authority," Special CBI Judge Bharat Parashar said.
The order came in two separate coal block allocation cases in which the CBI had sent records to competent authority to consider according sanction to prosecute two senior public servants -- K S Kropha, the then Joint Secretary in Ministry of Coal, and K C Samaria, the then director in Coal Allocation section of the Ministry.
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In its order, the court held that "a period of almost six months has elapsed since the request for considering according of sanction was sent by CBI."
It referred to a judgement of the Supreme Court that the competent authority should take a decision on the issue of sanction within four months from the day the request had been forwarded to it by the probe agency.
"I accordingly proceed further with the matter with the assumption that sanction to prosecute the public servants i.E. K S Kropha and K C Samria under section 19 PC Act for the offence under section 13 PC Act is deemed to have been granted by the competent sanctioning authority," the judge said.
The two seperate cases pertain to alleged irregularities in allocation of coal blocks to JLD Yavatmal Energy Ltd and JAS Infrastructure and Power Ltd, now known as JAS Infrastructure Capital Pvt Ltd.
During the hearing in these two cases today, senior public prosecutor V K Sharma told the court that the process of obtaining sanction to prosecute Kropha and Samria was still on.
To this, the judge said, "Let them do their work. We will do our work. I am passing the order of deemed sanction today."
The court has fixed July 31 for passing orders on taking cognizance in these two cases.
