R.R.PRASAD,J. - (1.) SINCE all the four cases arising out of the same case lodged by the C.B.I. it were heard together and are being disposed of by this common order.
(2.) ALL these four cases are directed against the order dated 1.6.2012 passed by the learned Special Judge, C.B.I. in R.C.S No. 14(A) of 2010 whereby and whereunder cognizance of the offence punishable under Sections 409, 468, 471 and 477A of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioners. The petitioners have also come up with alternative prayer whereby direction is being sought to be issued to the C.B.I. to go for further investigation in terms of Section 173(8) of the Code of Criminal Procedure. The case of the prosecution is that when C.B.I., did receive information regarding shortage of coal in the Jharkhand Open Cast Project (OCP), a unit of Central Coalfields Limited situated at Hazaribagh, a Joint Surprise Check (JSC) was conducted on 1.2.2010 to 4.2.2010 at the said project with the assistance of the Vigilance Officials of Central Coalfields Limited and Surveyors of the Central Coalfields Limited Headquarters. On measurement being taken, 1,57,100.8 M.T. of coal was found available in the stock whereas stock of coal had been shown in the book as 1,87,988.8 M.T. Thus, shortage of 30,887.38 MT of coal was found, value of which was assessed as Rs.3,45,93,866/ -.
(3.) FURTHER allegation is that while preparing contour plan of heap no. 15 in the said OCR, the ground level was manipulated which was approved by Bhagwan Das Yadav, Chief General Manager of the area (petitioner in Cr. M.P. No. 1290 of 2012). The coal shortage was coming on since long but it was always concealed by preparing manipulated measurement books. Thus, it has been alleged that the Chief General Manager, Bhagwan Das Yadav and other Project Officers, Santosh Prasad Sarangi (petitioner in Cr. M.P. No.1716 of 2012), Chandra Bhushan Sahay (petitioner in Cr. M.P. No. 1717 of 2012) and the Manager, Binay Kumar Thakur (petitioner in Cr. M.P. No. 1715 of 2012), who were custodian of the coal got the coal in huge quantities misappropriated and got the record fabricated in order to cover up shortage.;