goes to show that he was instrumental in processing and granting of lease to O.M.C. under his supervision only and when he is accountable for checking the illegalities of the subject of mining under his control, he has not taken any action. At this stage, it is suffice for me to say that he was a mute spectator of the illegalities in mining which was found true by the Empowerment Committee of the Supreme Court and also the Three-member Committee constituted by the Government of A.P. A reasonable inference of collusion or conspiracy can be prima facie drawn. Though the respondent may take a defence that the permits for transportation of the ore was only issued by his subordinate, it is difficult to believe that by due exercise of care and taking note of the complaints which were pouring in, the respondent could not have prevented the illegalities. Therefore, this is a case where the respondent consciously and knowingly allowed the illegalities in mining, evidently, to benefit O.M.C. in which his brother-in-law was a Director. The question as to whether the respondent has ignored the valid applications of others who gave complaints is a matter to be decided after the trial. Therefore, there is sufficient material of involvement of the respondent in conspiracy and the investigation done by the C.B.I is to that effect only. This accusation, if proved, is punishable.
