- (1.) This letters patent appeal has been filed against the judgment of the learned single Judge rendered in Writ Petition No. 5226 (W) of 2005 on 17th of November, 2006 whereby the learned single Judge has been pleased to dismiss the writ petition with costs. At the relevant time petitioner No. 1 was working as General Manager (Corporate Planning) of Northern Coalfield Ltd. He retired on 31st of March, 2005. He was posted as Manager of Kathara Colliery from August 17, "1983 to May 11, 1990. Petitioner No. 2 was working as Project Officer of Kathara Washery from June 26, 1989 to June 1, 1984. Petitioner No. 3 joined as General Manager of Kathara area of Central Coalfields Ltd. (hereinafter referred to CCL) on June 3, 1988 and left Kathara area on transfer on 17th of February, 1994. Petitioner No. 4 worked as Project Officer at the Kathara Colliery from June 6, 19.88 to September 30, 2002. One G. B. Mukerjee, Joint Secretary, Ministry of Coal, Government of India, lodged a complaint with director C.B.I. through Letter No. 13027/9/94 VIG dated 8, 1996 alleging that there had been false and fictitious dispatch of 7.33 lacs tonnes of coal from Kathara Colliery to Kathara Washery during a period 1989 to 1991. On the basis of the aforesaid complaint, the C.B.I, registered a case against petitioner No. 3, namely Aran Kumar Sinha (hereinafter referred to as Sinha) and other unknown officers as well as some private persons of the Kathara Colliery and Kathara Washery under Sections 120B, 420, 467, 468, 471, 477A, IPC and Section 13 (2) read with Section 13(l)(d) of the Prevention of Corruption Act, 1988. F.I.R. No. RC IC (A)/97 dated January 13, 1997 was filed. After investigation, charge- sheet was filed under Sections 120B and 477A IPC and under Sections 13(2) and 13 (l)(d) of the Prevention of Corruption Act, 1988. in the Court of Special Judge, C.B.I., Dhanbad, Jharkhand. The charges, mainly, are as follows :- (a) That the Petitioners while posted at Kathara area during the relevant period in connivance with each other caused to prepare false physical and stock statement as on June 9, 1988 showing the quantity of 4,73,371 tons of coal as non-despatchable mixed and deteriorated stock, although no stock was in existence. (b) that the writ petitioner Nos. 3 to 4 had made the proposal to the Director (Technical and Operation) Central Coalfields Limited (in short CCL), Ranchi requesting for making arrangement for write off of the same as the said quantity of coal was actually a shortage found after the informal measurement was being done by the writ petitioner No. 4. (c) That the writ petitioner Nos. 3 to 4 in connivance with each other had also shown the inflated figures of production and dispatches in respect of Kathara Colliery. (d) That the writ petitioner Nos. 1, 3 and 4 had managed to manipulate CIL measurement to conceal shortage in connivance with each other by way of furnishing false quantity to the effect that the stock of slurry lying in the pond of Kathara Washery was slack coal stock of kathara Colliery. (e) That the writ petitioner No. 3 in connivance with the writ petitioner No. 4 herein had taken, the stock of slurry of Kathara Washery into account of Kathara Colliery even before its provisional approval on August 31, 1988. (f) That the writ petitioner Nos. 1, 3 and 4 had recommended the proposal for slurry adjustment and after approval by the Headquarter a huge quantity of slurry to the extent of 2,11,000 tons and 1,10,000 tons totalling 3,21,000 tons, (wrongly written as 3,31,000 tons) was adjusted during March 1990 to March, 1991). (g) That the writ petitioners herein had falsely shown the above noted stock transferred, from Kathara Colliery to Kathara Washery by creating false record though no stock was available at Kathara Colliery. (h) That the writ petitioner Nos. 3 and 4 signed a false and fake joint coal stock measurement statement of Kathara Colliery on March 16, 1991 falsely showing a physical stock of coal of 5,84,250 tons as on March 1, 1991 to justify the fictitious transfer of 3,30,000 tons of raw coal during the period March 19, 1991 to March 31, 1991. (i) The writ petitioner No. 2 had created fake record in the form of Letter No. KTW/ 1614 dated April 7/08, 1991 acknowledging the receipts of 3,62,056 tons coal from March 19, 1991 to March 31, 1991. (j) That the writ petitioner No. 2 was fully aware of the fact that the measurement of raw coal stock of 84,389.40 tons is taken by his surveyor on March 23, 1991 but he yet got transferred 3,3.0,000 tons of raw coal against the aforesaid stock. (k) That the writ petitioner Nos. 1, 3 and 4 had issued false certificate on May 4, 1989 jointly showing the slurry of Kathara Washery pond as slack coal of Kathara Colliery by the side of the river so that the same may be included as colliery stock by the CIL team. (1) That the writ petitioner Nos. 1 and 4 did not maintain any physical coal stock measurement register but they have issued false certificate to this effect. (m) that the writ petitioners are responsible for making a mandatory loss to CIL to the tune of Rs. 6,79,92,880/- towards paying to cess and royalty of the over production showed by them.
(2.) The petitioners claim that the aforesaid charges are baseless. Since the merits of the issue involved in this case are not relevant, it would not be necessary to detail plea taken by the writ petitioners. Petitioners claim that the stock shortage in CCL on 31st of March, 1988 had been written off and it was approved by the CCL and CIL Boards. It is also a matter of records that no financial loss was caused.
(3.) So far the petitioner No. 1 is concerned, he had been issued a warning when he was working as Colliery Manager at Kathara Colliery during the period August 18, 1983 to 11th of May, 1990, to be careful while carrying out operational assignment n future. Therefore, petitioner No. 1 stood exonerated of the charges. Petitioner No. 4 was charge- sheeted by order dated 1-12-1999 for the same shortage of coal stock. However, none of the charges against him were proved. Therefore, he was also exonerated. Petitioner No. 3 was also completely exonerated by order of November 5/23 of 2001.;