The PIL, filed by Cuttack-based lawyer and activist Nishikanta Mishra, had demanded a probe by an independent agency, such as the CBI, into the scam involving high-ranking bureaucrats and politicians in Orissa.
The scam, the petition alleged, cost the state Rs 150 crore. The scam relates to allocation of subsidised coal to fake companies, which, in turn, sold the same in the open market at a higher price.
The petition alleged that at a time economy of the state had been affected by flood, drought and cyclone, mineral resources such as coal were being plundered by politicians, bureaucrats and businessmen working “concertedly” and a huge amount of public money was being misappropriated.
It, however, alleged the state government was not taking serious steps to protect its economy.
Though the state was forced to register an FIR after umpteen number of media reports highlighting involvement of high-ups in the scam, deliberate attempts were being made to make junior officers scapegoat in the case, the petition alleged.
No meaningful turn of events has since been made to bring the real culprits to book, it said. In pursuance to the notice issued by the high court, the vigilance department filed a status report virtually admitting all the allegations in the petition.
The state claimed that it had referred the issue to the CBI at one point of time, but did not disclose why it was withdrawn from the CBI and handed back to the state vigilance department.
It also traced the genesis of scam to a change of policy on coal.
Subsequently, all decisions regarding coal was taken at the highest level, namely at the Board Meeting of the Orissa Small Scale Industries Corporation Limited (OSIC) from 2008 to 2010.
The scam related to this period. “Therefore, it is apparently clear from the status report that the big fishes at the decision-making level designed the well-thought game plan for swindling public money,” the petition alleged.
Two current ministers in the state cabinet were at the helm of the affairs as chairmen of the OSIC when the scam took place, it said. But since the investigating agency did not take action against them, Mishra said, he was forced to go to the high court.
The high court, simply relying upon the state version that fair investigation was in process, disposed of the writ petition.
“Every citizen of this country who is a victim of the prevailing corruption and is concerned about the deteriorating financial health of the state is aggrieved,” the petition said. The high court had erred in not directing the CBI to take over the probe, Mishra said.
The state nominated the OSIC on Feb 17, 2009, to distribute coal amongst micro small medium enterprises (MSMEs) at a subsidised price.
The idea behind the entire policy was to make available the coal at a subsidised price to the end user(consumer).