AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2019 (3) TMI 2015
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....sanction by the Government and competent authority as required under section 19 of the PC Act, to face the criminal proceeding for offence under section 420/468/471/120-B of the IPC. Those two persons who were issued with the process by the above order, are now no more within the arena of the case since that part of the order has been quashed by this court in Criminal Revision No. 907 of 2017 and 364 of 2018. 3. Facts necessary for the purpose are stated hereunder: The Government of India, in the Ministry of Coal, passed a Resolution on 18.10.2007, covering the field of coal distribution, practically putting in place a new policy thereof. As per the said policy, the small and tiny consumers in non-coal sectors having coal consumption of less than 4200 M.T. are eligible to get coal from the State nominated agencies on a base price of about Rs. 850/- as against the average auction rate of Rs. 1400/- and market rate of Rs. 2500/- per M.T. Pursuant to the above policy, the Government of Orissa declared Orissa Consumer Cooperative Federation Limited (for short, 'the OCCF') as the nodal agency for the purpose. The guidelines and orders prescribe that the distribution of linkag....
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....preneurs Memorandum). The eligibility of supply and distribution of coal under this policy is that MSME unit has to apply the requirement of coal for his unit and in recommendation of coal has been made by the concerned D.I.C. on the following basis:- The General Manager of DICs are responsible for proactive identification of the coal consuming MSMEs having Valid Permanent (PMT)/Entrepreneur Memorandum-II (EM-II) and for realistic assessment of other equipment and utilization of coal by the MSMEs. Other coal consuming MSME units not having PMT/EM-II, but having obtained Provisional Registration Certificate (PRC)/Entrepreneur Memorandum Part-I (EM-I) may be inspected by the General Manager/Project Managers and units found in existence and running may be recommended for quantity of coal as per assessed requirement. Thus as per the recommendation of D.I.C., the same come to State Nodal Agency (OCCF) and O.C.C.F. placed order to MCL authority for supply of coal under this scheme with depositing money and thereafter Road Delivery Orders (R.D. Os) are issued from the MCL authority and with that Delivery Orders, the appointed Marketing Agent (M/s. Vinayak Minerals) has lifted the coal....
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.... the orders of the nodal agency, in terms of the agreement and in consonance with the direction of the DIC, he cannot be said to be having any involvement in commission of those offences. It was further submitted that when the persons associated with the process of selecting the MSMEs for being distributed with the coal, which is said to have been done only in pen and paper are no longer in the arena of the trial of the case, this petitioner as the marketing agent, with his limited role and function under the agreement, having absolutely no knowledge as to any other aspects, is not liable to be proceeded with. He, thus submitted that the order of issuance of process against the petitioner that too after quashment of the order of issuance of process against those two personnel of the DIC is unsustainable. 8. Mr. Sangarm Das, learned Standing Counsel (Vigilance), submitted that it is too premature a stage to raise all these challenges to the order of issuance of process against the petitioner and the exact role of the petitioner can only be found out in the trial. 9. In order to address the rival contentions, it is felt appropriate to first take note of the job of the petitioner th....
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.... assessed. The General Manager/Project Manager of the DIC accompanied by an officer of Micro, Small and Medium Enterprises Development Institution (MSMEDI)/National Small Industries Corporation (NSIC) etc. dealing with the MSMEs has the responsibility to assess the coal requirement of each of the MSMEs basing on the aspects such as item of production annual installation capacity in quantity, quantity of finished product produced in the year 2008-09, quantity of coal consumed in the year 2008-09, Quantity of coal recommended to OSIC in the year 2008-09, quantity of coal recommended to OSIC in the year 2008-09, projected production during the year 2009-10 and quantity of coal received commensurate with the projected production of the year 2009-10. 11. The procedure of distribution of coal, as provided in the Orissa Coal Distribution Policy, further clarifies that the DICs will assess the coal requirement of the MSMEs scrupulously and furnish the list of coal consuming units to the OGCF/OSIC at the beginning of the year, indicating their annual requirement with the grade of coal. It is then for the MSMEs to choose the nodal agency either OCCF or OSIC for lifting of their coal as per....
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....f the agreement as such and that being informed, the OCCF has communicated about the delivery by letters dated 16.1.2009, 11.2.2009, 28.2.2009,6.5.2009, 4.6.2009, 15.7.2009 and 10.8.2009. Then those MSMEs have also confirmed the OCCF about the receipt of the coal in writing There is no allegation or material on record to the effect that the coal has not been physically lifted by the MSMEs and it is not stated that this petitioner misappropriated the coal from that MCL for illegal use or distribution or sale at his end or that he himself directly did anything for that purpose by creating any false documents and putting those on record. It is also not the prosecution case that the petitioner himself used any document as genuine knowingly and having reason to believe the same to be forged. The very list of MSMEs forming the basis of supply of coal at the final round of the exercise is being said to have been made knowing fully well that those MSMEs were non-existent or non-functional or we may say having no such requirement of coal: But in that, this petitioner appears to have nothing to do. 15. One important feature that has appeared in the case is that the then General Manager of t....