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15. Let me consider the allegations made in two FIRs as annexed by the present petitioner. One after another. The alleged first FIR (RC 02 of 2012 dated 10.01.2012) contents...........

Information has been received from a reliable source alleging that Shri Ramesh Saran Rai, the then By COM (Project & Planning), S. E. Railway, Gardenreach, Kolkata; unknown officials of Railway Department; unknown officials of Central Excise, Midnapore Division, Range-II, West Bengal, M/s. Rashmi Metaliks (pvt) Ltd., Gokulpur, PO: Shyamraipur, West Midnapore, West Bengal through its MD, Directors, Add. Director & Co. Secretary and unknown others entered into a criminal conspiracy, during the period 2008 to 2011 to cheat Railway Deptt,, Central Excise & Customs Department and other Govt. Departments/ authorities in furtherance of which, they by constructing a private Railway siding in Belkundi area (near Barbil, Dist. Keonjhar, Orissa) in illegal manner by diverting a line from the rail track of Thakurani Railway Siding of a Govt. of India company namely Orissa Mineral Development Co., Kolkata (OMDC) for taking preference/priority from Railway in the transportation of iron ore and fraudulently transporting huge quantity of iron ore under concessional freight rates meant only for domestic consumption and using the said transported iron ore for export purpose by submitting / using fake/forged monthly excise returns to the Railway Deptt. and caused thereby a wrongful loss to S. E. Railway to the tune of about 660 crores with corresponding wrongful gain co themselves.

It has been disclosed that Orissa Mineral Development Co. (OMDC), a Govt. of India Co. is having private railway siding Thakurani near Barbil. This railway siding was made by OMDC for effecting delivery of iron ore from their mines to different customers. This Railway siding of OMDC starts from Thakurani Mines and terminates to the main rail track of S.E. Rly on a point between Barajamda (in Jharkhand State) and Source Orissa State). The distance between main line and Thakurani (TK) Rly siding is about 4 kms. M/s Rashmi Metaliks Pvt. Ltd., with a view to facilitate transportation of iron ore and to obtain more rail way rakes priority is given by Railway to the customers having their own railway siding), applied for construction of ..... Rly siding between Barajamda & Barbil Stations by making puncture of Thakurani Siding of OMDC to use as take off point. Shri Ramesh Saran Rai, the then Dy..COM (Project & Planning), S. E. Railway, Gardenreach, Kolkata approved the project report/proposal of M/s. Rashmi Metaliks in a very short span of time in June, 2006 without following laid down rules /regulations and Railway Board's Policy Instruction for the construction of private siding over railway line as well as encroaching some portion of railway track of Thakurani Railway Siding of OMDC. Accused officials of Railway were not required to allow M/s. Rashmi Metaliks Pvt. Ltd. to construct a private railway siding taking a diversion or take off point from the existing railway siding of OMDC. Permission, if any, should have been given by the accused officials of Railway to M/s. Rashmi Metaliks Pvt. Ltd. to construct a private siding by making a parallel Rallway track from Barajamda Service Station upto the loading point of private siding of this company and not by puncturing TK Siding of OMDC. Since, construction of a railway siding in such a regular manner entailed a huge investment/ expenditure, approval/ permission for construction of a private siding was given in the illegal manner as mentioned above by the accused officials of Railway to cause undue pecuniary advantage to M/s. Rashmi Metaliks Pvt. Ltd. At that time, M/s. Rashmi Metaliks was not manufacturing pig iron and was merely a raising contractor and establishing a private railway siding in such an illegal manner with the connivance of accused officials of Railway, facilitated the said company to commit the fraud by fraudulent transportation of iron ore and freight evasion.

It is alleged that complaints were made by OMDC to S.E. Rly. with copy to Shri R.S. Rai, the then Dy COM in May 2006 itself that M/s. Rashmi Metaliks Pvt. Ltd. is constructing one private siding in between Barajamda and Barbil and its trying to puncture TK Siding of OMDC to use as take off point which is highly objectionable and illegal as no consent for such construction was obtained either by the party or by the Railway and it should not be allowed at any cost as it will disrupt despatch schedules of OMDC resulting into production/despatch of iron ore. But no action was taken on these complaints of OMDC by Shri R.S. Rai, the then Dy. COM who not only approved the proposal of M/s. Rashmi Metaliks but also permitted this company to stack construction materials for construction on Railways land even without execution of mandatory siding agreement and licensing agreement with M/s. Rashmi Metaliks.