M L SHARMA AND 2 ORS S/O LATE SURAJ MAL SHARMA Vs. CENTRAL BUREAU OF INVESTIGAN CBI
HIGH COURT OF GAUHATI
M L Sharma And 2 Ors S/O Late Suraj Mal Sharma
Central Bureau Of Investigan Cbi
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Rumi Kumari Phukan, J. -
(1.) This appeal is directed against the judgment of the learned Special Judge, CBI, Assam dated 30.12.2014 in special case 5/2006.
Heard Mr. D. S. Choudhury, learned counsel for the appellants. Also heard Mr. S. C. Keyal, learned standing counsel, CBI.
(2.) During 1995-96 the Department of Telecommunications, here-in-after called DoT, Government of India, decided to provide Optical Fibre Cable (OFC) Communication link on Imphal Moreh route in the state of Manipur. A survey of the route was conducted; a Project Estimate was prepared & sanctioned. The total route length of the section is 108 kms. which was divided into 27 sub-sections of 4 kms length each. The tenders were invited and the work was executed through contractors separately for each sub-section. The terms, conditions & specifications of work are mentioned in the tender document. The agreement was executed with the successful contractors. The over-all incharge of the work was Divisional Engineer (DE) and the Government is represented by him. The SubDivisional Engineer represents the Government at the site of work. The JTO supervised the day to day work at site. The measurements were recorded by JTO in MB and bills were prepared by him. The cent percent work was checked by the Site Engineer (SDE). The bills were pre-checked by JAO, passed by the DE; counter signed by the Director and paid by the concerned Accounts Officer.
(3.) The depth and protection of the cable was verified as per route index diagram three times immediate after execution of the work. The cable was handed over to maintenance unit, coming to an end the responsibility of the OFC officials. After completion of trenching and laying of HDPE pipes in the year 1998, the route was given for acceptance testing in the year 1999. The route was found to be satisfactory.;
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