Decided on October 04,2018

Ram Prashad And Anr Appellant
Central Bureau Of Investigation Cbi Respondents


Rumi Kumari Phukan, J. - (1.) As both appeals arose from the same judgment in special case 6/2006 they are taken up together and being disposed with this common judgment. Heard Mr. D. S. Choudhury, learned counsel for the appellants in Crl. Appeal 282/2013 and Mr. D. Talukdar, learned counsel for the appellant in Crl. Appeal 328/2013. 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. Hence, 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.) As per the survey report, as the entire sub-section fell in the hilly and rocky area it is not possible to lay the cable at the standard department and hence the RCC protection had to be given over the cable. Hence acceptance testing of the OFC route had to be done by the T&D Circle. After successful completion of acceptance testing, the route was handed over to the Eastern Telecom Region for maintenance purposes.;

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