SC Permits Repatriation Of Officers To Parent Cadres In Coal Block Scam, Notes Investigation Is Substantially Completed

As per the report, there was only one case that is pending for investigation, which is also likely to be completed shortly. The Court in its earlier orders had directed that the officers shall not be moved out without prior permission.

“Acceding to the request of CBI, we permit the relieving of the officers so as to facilitate their repatriation to their parent cadres. In order to facilitate CBI in making transitional arrangements and complete administrative formalities for handing over of charge, we direct that they shall be relieved on or before 30 September 2023”, a bench comprising Chief Justice of India D.Y. Chandrachud Justice J.B. Pardiwala and, Justice Manoj Misra held.

The bench further clarified that “the tenure of the officers up to the date of their relieving shall stand regularized”.

Petitioner Manohar Lal Sharma appeared in person, AOR Prashant Bhushan appeared for petitioner, SG Tushar Mehta, ASG Aishwarya Bhati and Senior Advocates Colin Gonsalves, R.S. Cheema Maninder Singh, Vikram Chaudhari appeared for respondents.

In the matter, the CBI had submitted that as the stage of investigation has been substantially completed, as reflected in the status report, it was rather appropriate that the senior officers/investigating officers are repatriated to their parent cadres since they have overstayed their tenure of deputation.

On July 24, 2023, the Court had granted permission is granted to the Enforcement Directorate for the transfer of the seven investigating officers in the normal course.

For the background, the allocation of coal blocks for the period 1993 to 2010 is the subject matter of the writ petitions filed in the nature of Public Interest Litigation (PIL). The allocation of coal blocks made during that period by the Central Government, according to petitioners, is illegal and unconstitutional inter alia on the following grounds:

(a) Non-compliance of the mandatory legal procedure under the Mines and Minerals (Development and Regulation) Act, 1957.

(b) Breach of Section 3(3)(a)(iii) of the Coal Mines (Nationalisation) Act, 1973.

(c) Violation of the principle of Trusteeship of natural resources by gifting away precious resources as largesse.

(d) Arbitrariness, lack of transparency, lack of objectivity and non- application of mind; and

(e) Allotment tainted with mala fides and corruption and made in favour of ineligible companies tainted with mala fides and corruption.

Therefore, the petitioner sought two prayers, first, for quashing the entire allocation of coal blocks made to private companies by the Central Government between 1993 and 2012. Second, a court monitored investigation by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) or by a Special Investigation Team (SIT) into the entire allocation of coal blocks by the Central Government made between the above period covering all aspects.

Accordingly, the bench listed the matter on August 28, 2023.

Cause Title: Manohar Lal Sharma v. The Principal Secretary and Others