CBI court orders further probe into Jharia coal blocks bidding process

In its reply, the CBI acknowledged that as per documents tendered by Adani Enterprise, it did not fulfil the eligibility, however, the agency said it was also factually correct that “the investigation was not specifically directed to examine this deficiency in the matter of eligibility of the said company”.

The CBI response read, “Investigation was concentrating on the specific question of illegal award of contract in the appointment of Mine Developer and Operator (MDO). The contract was awarded in favour of Lanco Infratech, resultantly the conduct of other companies which unsuccessfully applied for the award of contract was not subjected to intensive investigation. There was no undue favour to the non-awardee companies.”

The court, however, said that “if the information given in the certificates was not correct, consequences will obviously follow”.

“Needless to say the further investigation shall not be circumscribed by anything recorded in this order and further investigation may be conducted on other aspects as deemed necessary by the investigating officer,” the court said.

As per charge sheet, in the 8th Screening Committee meeting held on October 4, 1995, it was decided to identify Prabatpur, Mahal, Seetanala and Tasra coal blocks located in Jharia coal fields for captive development by Steel Authority of India Ltd (SAIL).

The CBI chargesheeted stated that despite the fact that the tender evaluation committee had noted that the three companies “did not meet the technical criteria for mining” but had declared that the offer of all the three bidders were “technically and financially eligible and commercially acceptable”.

There are six accused in this case, who are all said to be members of the tender committee, booked under various sections of the Prevention of Corruption Act.

The court had said that the CBI investigation did not look into why submissions related to coal production made to the statutory government authorities were “not taken before declaring Adani Enterprises Limited eligible technically and a certificate providing quarterly report on coal production submitted to the Department of Mining and Energy of Republic of Indonesia, and Department of Environment of Republic of Indonesia was accepted?”