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Solar Nqtiiry Commission Report

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Solar Nqtiiry Commission Report SOLAR NQTIIRY COMMISSION REPORT BY HON'BLE MR. JUSTICB G. (RErD.) SOIJT.RINQUIRY SOMII{ISSION BEPORT BY HON'8I.f,, MR. JUSTICE 8. STVARAJAN (Bf,TD.) Voluuu, rrr 26* D.[Y oF SEPTnMBf,R, 2oI ? VOTUME III CONTENTS VOLTIME No. I SI . No. Particulars Page No. PREE'ACE I ACKNOWLEDGMENTS v I. PREI.IMINARY 1 II. sor,AR SCAr't L2 IIT. BRTEF HISTORY Ol. THE }TORK OF THE 23 COMMISSION rv. ASSEMBI.Y DISCUSSION 97 v. ITEM NO.1 OF THE TERMS OF 105 REFERENCE vr. 1SI LIMB OF TTEM NO.1 OF THE TERMS 107 OF REFERENCE VII. SARITITA S.NAIR'S LETTER DATED 2L8 19.07 .20L3- AlrAtrsrs VIII. APPENDIX 260 A, The letter written by 260 Saritha S.Nair 19-07-2013 Ext.X 618 B. SEIZI'RE OF CD EROM COIMBATORE 284 c. ccrv 315 CONTENTS VOLUME No. fI CONSTITUTING OF THE SIT AND TTS FT,NCTIONS- 2}ID LIMB OF ITEM NO.1 OF TERMS OF REFERENCE cRrME NO.368/2013_ PERUMBAVOOR POLICE STATION AI{D ARF,EST OF SARITHA S.NAIR APPENDfX- Saritha S.Nair, s Letter dated 19.0?.2013 3.d LIMB OF IIEM NO.l OE IERMS OF REFERENCE CONTENTS VOLUME No. III 4'r' LrMB oF rrEM No.r oF-rns rERr,as rrEM Nos. 2 AlrD g or. rge EERr,{s oF- REFERENCE ITEM NO.4 OF THE TERMS OF rrEMs Nos. 5 Ar.lD 6 or rHsEERr.{s-oF REIIERENCE AT.ID ANNEXURES Comnission and Staff 662 The 4th linb of the allegation under iten No.l as settled reads : 'The phone call details from the mobile phone used by Saritha S.Nair available yrith the media opened the gate for connecting some of the Cabinet Ministers, ttreir private Secretaries, one former Central Minister, many rnenbers of the Kerala legislative assenbly and other political leaders in the Solar Scem deals of Saritha S.Nair. ' This relates to the connections of some of the Cabinet Ministers, their Private Seeretaries, one forner Central Minister, many members of Kerala L,egislative Assenbly and other political Ieaders in the Solar Sca:n deals of Saritha S.Nair. The Connission has already considered the role of former CM Sri.Oommen Chandy under the first J-iurb. Ehe role of the personal staff Tenny ,Joppan, ilikkr:nron ,facob and grrnman Salim Raj also ry 663 considered. The role of Sri.Thomas Kuruvila, aid of CM Sri.. Oommen Chandy was considered j.n that context. According to Saritha S.Nair, she as the person entrusted by Team Solar Company incorporated by Biju Radhakrishnan and herself as Directors, for the various requirements for conducting Mega solar projects in a successful manner, mainJ-y contacted the CM Sri.Oomnren Chandy and the Power Minister Sri.Aryadan Moharn'ued. The connecti-on of Porrer Minister Sri.Aryadan Moharnmed with Saritha S.Nair is considered below. One of the nain allegations is Saritha S.Nair got acquainted with C.M. for the purpose of deelaring a Solar Energy Policy for Kerala which is one of the requirenents for establishj.ng Mega solar projects in the State of Kerala, and for getting various incentives and benefits fron the Central and State Governments. It is the case of Saritha S.Nair that when she approached the C.M. L^r I t4"/ 664 with the proposal for selting u1> her Mega projects; the C.M. after reading the project report contacted the Por er Minister Sri.Aryadan fisfuarrrrrrsd over phone and told him that a person by nome Lakstrni Nair will neet him with a project and reguested hin to examine the s:ne and do the needful . The C.M. had also asked her to meet the Power Minister Sri.A:4'adan Muhanmed in the matter. She met Sri.Aryadan Muhamed in his official. residence, Mannohan Bungalow with the projects and he assured her that it will be done. The genuineness of the alJ.egation made by Saritha S.Nair as above has to be ex:rnined on the basis of materials available on record. in the form of evidence both oral and documentary. The evidence in the natter consists of the oral evidence of Saritha S.Nair, Sri.paul Antony, IAS, Additional Chief Secretary, Power Depaltur€nt, Sri.N.t. Job, Executive Engineer and Sri.G.Shaj Kumar, Assistant Executiwe Engineer [r^ lt1"^ 665 both of KSEB, Sri.Aryadan Muhammed, the Povter Minister, Sri.Oommen Chandy, former C.M. , Sri.Kesavan, Addl , P.S. to the Power Minister Sri.Aryadan Muhammed, and Sri.R.Rajesh' Programme Officer, AIIERT. The docunentary evidence are the covernnent file G.O. (P) No.49/2013lPD dated 25- 11-2013 produced by Additional Chief Secretary' Sri. Paul Antony, two CDs containing the Audio video visuals of the KSEB Engineers Association function held at Sumangali Auditoriun, the CDRs of the mobile phones used by Saritha S 'Nair containing the detai-ls of calls between the two numbers of Saritha and the mobile number of the Minister and back. Smt. Saritha S.Nair in her deposition before the Connrission made on 27-01-2016 (Dw vol'x Part- I, ry 62 - 92, stated thus: She was one of the Directors of Eearn Solar RenewabLe Energry Pvt. Ltd. whi ctr was registered in January , 20tt It was after the formation of (, rh/l t l rl-./ 666 this Company decision was taken to handle rnega Solar Power Projects. On behalf of this Conpany she handled Solar Mega projects. Ploject Developnent matters were also her responsibility. Therefore in connection with that she was entrusted with the responsibility to get Government recognition and other benefits. As a first step she went to the Chief Minister Sri. Oomnen Chandy in his office in the North Block of the Secretariat and submitted to hin the profile of the company and the project reports of various sctrenes which are proposed to be inple'nented in Kerala. The C.M. after reading it called the Power Minister Sri.Aryadan Muhammed over phone and told hirn that a person by nane Lakshmi will come with a neyr project and requested him to exa.rnine the same and do the needful . She was asked to neet Sri.Aryadan Mohamrned. In the representation sr:bnitted to the C.M. the main denand was with regard to Renewable Energy Policy, She along with two of her office tV 667 staff r ent and met Sri.Aryadan Muhamned in his official residence ManMohan Bungalow. The Minister after perusing the Project told her that this is highly necessary and he assured her that he will talk to AI{ERE and Energy Management Centre and take urgent measules. For this Purpose stre contacted Sri.Aryadan Muhamned over phone many times. lhe Minister had also called her' Since,when for about 4 to 5 nonths nothing was done, Sri.K.Kesavan, P.A. to the Minister told her that for getting it done sonething has to be paid to the Minister. tle denanded Rs'2 Crores' Since the financial condition of her conpany at that time did not have the capacity to pay such a huge amount, stre bargained and brought it reduced by sOt. As a first instalment she r'tent to Manmohan Bungalow and Paid Rs.25 Lakhs to hin personally in his office rooro there. He got the amount counted by her to ensure the quantum. The second instalnent of Rs.10 lakhs was paid to hin through her office staff in the hands of try 668 Sri.Kesavan when the Minister c.rme to Kottayarn Sunangali Auditorir:n where a workshop/seninar on Renewable Energy at the instance of KSEB Engineers Association vras conducted. She was also a participant gruest in the function. Sri.Aryadan lfsfirrnrned had inaugrurated the function. She was also in the stage with the Minister at that time and she conveyed to hirn the payment of the amount. Thereafter the Minister talked specially introducing her to the audience. In spite of receiving all these lnounts until she r"as arrested no help was extended to her. For the last two years and after bailing out frosr ,JaiI she directly and through others denanded the amounts paid by her but so far it has not been returned. Jikkumon knew all about their projects and it was on his advice that she had reguested to obtain recognition, licences and pe::mission for their Mega Projects fron MNRE and other lty 659 institutions of Renewable Energy. She said she cannot say with precision as to bow many times she had been to C'M.'s office' For various matters she went there many times' It was on one such occasion she made the reguest as mentioned above !o the C.M' and got his assurance' The C.M. asked her to PrePare a feasibility rePolt for a floating poYter Project in Kallada Irrigation Project in Kollam District as eEtablished in Banasura Dam recently ' For conducting the survey in Kallada Dan to PrePare granted by the feasibility s tudy pe::nission was Sri.ArYadan Muhammed. Smt.Saritha S.Nair in her dePosition before the Connission made on 2g-OI-20t6 stated thus: Tean Solar Company was a franchisee of Surana Ventures Ltd., Secundrabad which was a channel partner and enlisted comPany of MNRE ' Eill recognition is obtained for their coePany in the Government Projeets held through AIIERT their hy 670 mother company - Surana Ventures Ltd. was participating. AlJ- dealings in connection with the tender etc. for Surana Ventures Ltd. was conducted by its representative Sri.Harish Nair and herself. Surana Ventures had participated in the tenders invited by AIIERT in 2OLL-L2 in respect of soLar lanterns, So1ar Home Electrification packages and solar street lighting systems.
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