COAL SCAM

coal-scam-quantum-of-punishment

Coal scam: Quantum of punishment

On Monday, October 26, 2020, CBI Special Judge for Coal Cases, New Delhi, announced the quantum of punishment for guilty personnel.
Mahendra Kumar Agarwalla, earlier a Director on a private company, was punished with rigorous imprisonment of three years and a fine of Rs. 60 lakh.
Dilip Ray, a Minister of State for Coal in the Vajpayee administration, is served with a three-year RI and a fine of Rs. 10 lakh.
Pradip Kumar Banerjee, previously an Additional Secretary in the Ministry of Coal is given a 3-year RI and a fine of Rs. 2 lakh; Nitya Nand Gautam, earlier an Advisor (Project), Ministry of Coal, a three-year RI and a fine of Rs. 2 lakh; and M/s Castron Technologies Ltd., Dhanbad, fined Rs. 60 lakh & M/s Castron Mining Ltd. fined Rs. 10 lakh in a case related to the allocation of Brahmadiha Coal Block situated in District Giridih (Jharkhand).
CBI had registered a case on 07/01/2014 against M/s Castron Technologies Ltd. and others related to the allocation of Brahmadiha Coal Block in District Giridh (Jharkhand) to M/s Castron Technologies Ltd. (CTL), Dhanbad.  
The investigators argued and proved with evidence that M/s Castron Technologies Ltd, Dhanbad, (then Bihar, now in Jharkhand),  M/s Castron Mining Ltd., Kolkata and then Directors of these companies conspired among themselves and with the public servants to cheat the Government of India in the matter of allocation of Brahmadiha Coal Block. The investigators also proved that the conspiracy secured for  M/s Castron Technologies Ltd. Brahmadiha Coal Block situated in District Giridih (then Bihar, now in the State of Jharkhand). The conspiracy was aided and abetted by public servants.
The investigation also revealed that the company was to establish the end-use plant for consuming the coal but it did not establish the same. It was alleged that the Brahmadiha Coal Block was not included in the list of captive coal mining at any point in time.
After a thorough investigation, a charge sheet was filed against the said 06 accused. In this case, in addition to the documentary evidence, CBI had examined around 51 prosecution witnesses including 19 witnesses through their affidavit
The Trial Court found the said accused guilty and convicted them on 06.10.2020.

26 Oct 2020
coal-scam-ex-mos-addl-secretary-company-officials-convicted

Coal scam: Ex MoS, Addl Secretary, company officials convicted

The Special CBI Court for Coal Cases (New Delhi) has convicted former Minister of State in the Vajpayee administration for Coal Dilip Ray, former additional secretary coal Pradip Kumar Banerjee, and former Coal Ministry Project Adviser Nitya Nand Gautam besides Castron Technologies Ltd., Dhanbad, and its director Mahendra Kumar Agarwalla as well as Castron Mining Ltd, Kolkata, in a case related to the allocation of Brahmadiha Coal Block situated in District Giridih (Jharkhand).

The case against the convicts was registered on 07/01/2014.  It is now adjourned for arguments on 14.10.2020 for the quantum of sentence.

During the investigation, the CBI established that the above-mentioned officials gave undue favour to accused companies by violating the guidelines framed for the allocation of the Brahmadiha coal block. It was also established that the Brahmadiha Coal Block was not included in the list of captive coal mining at any point in time.

06 Oct 2020
coal-scam-quantum-of-punishment

Coal scam: Quantum of punishment

By IndianMandarins 26 Oct 2020

On Monday, October 26, 2020, CBI Special Judge for Coal Cases, New Delhi, announced the quantum of punishment for guilty personnel.
Mahendra Kumar Agarwalla, earlier a Director on a private company, was punished with rigorous imprisonment of three years and a fine of Rs. 60 lakh.
Dilip Ray, a Minister of State for Coal in the Vajpayee administration, is served with a three-year RI and a fine of Rs. 10 lakh.
Pradip Kumar Banerjee, previously an Additional Secretary in the Ministry of Coal is given a 3-year RI and a fine of Rs. 2 lakh; Nitya Nand Gautam, earlier an Advisor (Project), Ministry of Coal, a three-year RI and a fine of Rs. 2 lakh; and M/s Castron Technologies Ltd., Dhanbad, fined Rs. 60 lakh & M/s Castron Mining Ltd. fined Rs. 10 lakh in a case related to the allocation of Brahmadiha Coal Block situated in District Giridih (Jharkhand).
CBI had registered a case on 07/01/2014 against M/s Castron Technologies Ltd. and others related to the allocation of Brahmadiha Coal Block in District Giridh (Jharkhand) to M/s Castron Technologies Ltd. (CTL), Dhanbad.  
The investigators argued and proved with evidence that M/s Castron Technologies Ltd, Dhanbad, (then Bihar, now in Jharkhand),  M/s Castron Mining Ltd., Kolkata and then Directors of these companies conspired among themselves and with the public servants to cheat the Government of India in the matter of allocation of Brahmadiha Coal Block. The investigators also proved that the conspiracy secured for  M/s Castron Technologies Ltd. Brahmadiha Coal Block situated in District Giridih (then Bihar, now in the State of Jharkhand). The conspiracy was aided and abetted by public servants.
The investigation also revealed that the company was to establish the end-use plant for consuming the coal but it did not establish the same. It was alleged that the Brahmadiha Coal Block was not included in the list of captive coal mining at any point in time.
After a thorough investigation, a charge sheet was filed against the said 06 accused. In this case, in addition to the documentary evidence, CBI had examined around 51 prosecution witnesses including 19 witnesses through their affidavit
The Trial Court found the said accused guilty and convicted them on 06.10.2020.

coal-scam-ex-mos-addl-secretary-company-officials-convicted

Coal scam: Ex MoS, Addl Secretary, company officials convicted

By IndianMandarins 06 Oct 2020

The Special CBI Court for Coal Cases (New Delhi) has convicted former Minister of State in the Vajpayee administration for Coal Dilip Ray, former additional secretary coal Pradip Kumar Banerjee, and former Coal Ministry Project Adviser Nitya Nand Gautam besides Castron Technologies Ltd., Dhanbad, and its director Mahendra Kumar Agarwalla as well as Castron Mining Ltd, Kolkata, in a case related to the allocation of Brahmadiha Coal Block situated in District Giridih (Jharkhand).

The case against the convicts was registered on 07/01/2014.  It is now adjourned for arguments on 14.10.2020 for the quantum of sentence.

During the investigation, the CBI established that the above-mentioned officials gave undue favour to accused companies by violating the guidelines framed for the allocation of the Brahmadiha coal block. It was also established that the Brahmadiha Coal Block was not included in the list of captive coal mining at any point in time.

looking-beyond:-without-offending,-swarup-tells-a-story

Looking beyond: Without offending, Swarup tells a story

By IndianMandarins 16 Feb 2019

Anil Swarup's (Retd IAS:1981:UP) forthcoming book "Not Just A Civil Servant", to be launched on February 23 at the Constitution Club, New Delhi, and subsequently from a number of other cities, may not shake this country but it may surely call to attention the disease that is plaguing our polity and administration.


Being a career civil servant with an honorable track record, his knowledge and information about certain events that shook the country are direct and first hand; and, therefore, they deserve to be taken seriously. Further, his experience as a civil servant needs to be grasped and reasonable deductions made.


From his newspaper articles, blogs, and tweets written months after his retirement from the government, it looks that the book may be a responsible exposition of the administrative problems facing the nation.


Since his first assignment at Secretary level was as Secretary Coal, let's begin with his viewpoints on the much-talked-about coal scam.


"I am surprised at the fuss around the dominant role of the PMO. This institution has played an "important" role in all governments. Many believe that directives to allocate coal blocks in UPA govt. came from the PMO. It is just a matter of subjective assessment about the degree.


Here, it seems that he has obfuscated the issue. In view of what happened to officers like H C Gupta who all their life enjoyed an enviable reputation for honesty and integrity, it was imperative for Swarup to elucidate the role of the PMO and some suspected extraneous agencies in coal block allocations.


It's no good now to blame then CAG for following the asset valuation methodology instead of discounted cash flow methodology. It should have been done then and there. Particularly when the C&AG report was tabled in Parliament, the PM should have been advised and persuaded to reveal the fault lines in the report. Was it at all done?


Here, it's apt to remind him of one of his own tweets: "It is indeed ironical that if we can't prove a point through argument, logic, and data, we create so much obfuscation around it that discerning the truth becomes very difficult. In short, if you can't prove, just confuse. Some of us have perfected this & made this into an art form."


Since more often, government's failure to legally defend its actions and convince people politically of the legitimacy of its actions lead to officers like Gupta being sent off to serve in the clink, Swarup is absolutely right in asserting that "If we hound the honest, society & administration will be left with either dishonest performers or deceitful non-performers".


Swarup also functioned as education secretary for a short time. His tweet that "this mafia in the education sector is much more sinister than the one in coal, eating into the essentials of our society" tells us that he may reveal in his book what needs to be done since both central and state governments have stepped back from investing in this sector which is turning the demographic advantage into a demographic calamity.


He seems to be right in stating "how can you expect a department like Education to be in the pink of health if it sees five secretaries in the first two and half years of the government? Officers with such short tenures can hardly deliver anything on the ground in the given period. Each officer should be given at least two (preferably three) years in an assignment".  In this context, it may be worthwhile to recall the contribution of late Anil Bordia, who in his 5-year term as education secretary, tried to transform the education scenario of the country, backed, as he was to the hilt, by no less than the legendary PV Narasimha Rao and his successors in the second half of the eighties and early '90s.


But his best comments are reserved on the existing state of affairs in governance which have been frequently highlighted in the columns of this website.


On the mysterious empanelment methodology, Swarup says "Glad that an extremely efficient officer, Anoop Pandey, has been granted an extension for 6 months as Chief Secretary, UP. It, however, raises serious doubts about the opaque 360° evaluation that had denied him empanelment at the Centre".


His other tweet said: "The opaque 360° assessment of Civil Servants based on "hearsay" needs a re-look. How do you explain an officer found unfit for empanelment at the Centre holds the highest post in the biggest state and does well? There is indeed something amiss somewhere".


On January 12, 2019, he tweeted: "How far is it true to blame politicians for all the mess in the country? They have their share but 5 C's (CVC, CBI, CAG, Courts & CIC) are the biggest inhibitors to decision making. These "august" institutions are manned by non-politicians (civil servants). Time to introspect"? Maybe he is right.


A day before he had tweeted on CBI Director’s ouster: "How do you explain that the same CVC who finds an officer above board for a critical post suddenly discovers something so condemnable as to warrant his removal? If the officer was so "bad" why was he appointed in the 1st place? If he was "good" how did he suddenly become "bad"?


In the end, one wishes him good luck hopes he makes a ton of cash from selling his book. The sale of his books will reveal whether his tweets, tantalizing potential buyers, were at all effective.


The book, according to his tweets, deals with UP's transfer industry, demolition of Babri Masjid, the fallout of Coal "scam", CBSE Exam Paper Leak, and Rashtriya Swasthya Bima Yojana (RSBY). It also has a string of advice for serving officers, key among which is not to let down your honest colleagues for the sake of personal gain.


The bottom line of his book seems to be that "We are so fond of "scams" that we "manufacture" one even when it doesn't exist. The unscrupulous politician, ambitious bureaucrat, gullible public & TRP hungry media laps it up. It serves their purpose. However, such a plethora of manufactured chaos allows real scamster to escape".


Well said. The real scamsters in coal block allocations and 2G are free and rolling in wealth and political power. And, those ones also who gave 'notional figures' a national perspective. 


The following is the schedule of Swarup's book release:

Delhi - 23rd Feb 2019 - Constitution Club - 1600 Hrs

Lucknow - 5th March 2019 - Jaipuria Institute of Management - 1700 Hrs

Kolkata - 12th March 2019 - Bengal Club - 1730 Hrs

Bangalore - 23rd March 2019 - Location TBC - 1700 Hrs

Mumbai - 6th April 2019 - The Universal School - 1100 Hrs

Mumbai - 6th April 2019 - FIEO, Andheri (E) - 1600 Hrs

Jaipur - 18th April 2019 -Jaipuria Institute of Management - 1600 Hrs


(By M K Shukla and Rakesh Ranjan)

travesty-of-justice

Travesty of justice

By IndianMandarins 06 Dec 2018

Following the Delhi court’s verdict on coal block allocation in West Bengal during UPA regime at Centre and subsequent bail granted to H C Gupta, former Union Secretary and Enforcement Directorate Chief Rajan S Katoch (Retd IAS:1979:MP) tries to explore the fallout on the system. CLICK TO READ MORE.

ex-coal-secy-gupta-and-two-ias-officers-awarded-03-yrs-jail-term

Ex-Coal Secy Gupta and two IAS officers awarded 03-Yrs jail term

By IndianMandarins 05 Dec 2018

Former coal secretary HC Gupta (Retd IAS:1971), K S Kropha and K C Samria bureaucrats were, on 05 December, awarded three-year jail term in the coal scam case relating to allotment of coal blocks in West Bengal. The CBI had registered an FIR in the case in September 2012.

 

Delhi’s Patiala House court had reserved the order on 03 December after concluding the arguments on quantum of sentence. Gupta was found guilty of corruption and criminal conspiracy in the case.

 

Special Judge Bharat Parashar sentenced other convicted persons – Vikas Patni, Managing Director of Vikash Metals and Power Ltd and its authorised signatory Anand Mallick – to a four-year jail term.

 

The case pertains to alleged irregularities in allocation of Madhujore and Moira and coal blocks in West Bengal to VMPL.

ias-officers-to-support-convicted-gupta,-terms-it-‘most-unfortunate’

IAS officers to support convicted Gupta, terms it ‘Most Unfortunate’

By IndianMandarins 02 Dec 2018

The IAS Officers Association has convened a meeting on Sunday to "deliberate the future course of action". A special CBI court convicted former Coal Secretary H C Gupta (Retd IAS:1971) and two other senior IAS officers on Friday for corruption in the allocation of a coal block in West Bengal. Gupta was convicted of all the charges made against him at the Special CBI Court. Indeed, instead of contesting, Gupta accepted all the charges. Months ago, he told the court he didn't have the resources to fight the cases filed against him, and, therefore, he would prefer to be jailed.

 

The two other bureaucrats convicted are K S Kropha (Retd IAS:1982:AM) and Kailsh Chand Samria (IAS:1993:AM) then Joint Secretary and Director, respectively, in the Ministry of Coal. Kropha retired as Meghalaya Chief Secretary whereas Samaria is currently Joint Secretary in the Ministry of Minority Affairs.

 

"Conviction of honest IAS officers in the coal scam is most unfortunate. A black letter day for bureaucracy — convicting officers for bonafide decisions in the interest of administration.  We stand by the officers in this time of distress," the IAS officers association said.

 

The association secretary, Abhishek Chandra (IAS:2003:TR) said all the three officers have 'impeccable credentials' and they deserve to be backed by the association. He added that "We will do whatever we can under the ambit of law,".

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