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Samria for the alleged offence under the anti-graft law.
New Delhi: Two senior government servants, who were summoned as accused along with others in a coal scam case, will now face prosecution for alleged offence under the Prevention of Corruption Act, a special court has said.
Special CBI Judge Bharat Parashar took cognisance of the alleged offence under section 13(1)(d) of the Prevention of Corruption Act against accused K S Kropha, then Joint Secretary of Ministry of Coal (MoC), and K C Samria, who was the then Director (Coal Allocation-I section) in MoC.
The section deals with offence of criminal misconduct by a public servant by corrupt or illegal means. The court order came after the CBI on July 22 informed it that the Centre has accorded sanction to prosecute Kropha and Samria for the alleged offence under the anti-graft law.
"I accordingly proceed to take cognisance of the offences under section 13(1)(d) PC Act against accused K S Kropha and KC Samria also," the judge said.
The case pertains to alleged irregularities in allocation of Thesgora-B Rudrapuri coal block in Madhya Pradesh to M/s Kamal Sponge Steel and Power Ltd (KSSPL).
The court on October 13 last year had summoned former Coal Secretary H C Gupta, Kropha, Samria, KSSPL's Managing
Director Pawan Kumar Ahluwalia, chartered accountant Amit Goyal and the company as accused in the case after refusing to accept CBI's closure report.
They were summoned for the alleged offences under sections 120-B (criminal conspiracy), 409 (criminal breach of trust by public servants) and 420 (cheating) of the IPC. Only Gupta was summoned for the alleged offences under the anti- graft law.
In its order last year, the court had noted that since Kropha and Samria were active public servants so no cognisance for the alleged offence under the Prevention of Corruption Act could be taken against them due to want of sanction.
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