ARDHENDU SHEKHAR DEB ALIAS ARDHENDU SEKHAR DEY Vs. THE UNION OF INDIA
HIGH COURT OF GAUHATI
Ardhendu Shekhar Deb Alias Ardhendu Sekhar Dey
THE UNION OF INDIA
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SUMAN SHYAM,J. -
(1.) AND ORDER Heard Mr. A. Dasgupta, learned senior counsel assisted by Ms. B. Das, learned counsel for the petitioner. We have also heard Mr. D. Bagchi, learned Standing Counsel, Bharat Sanchar Nigam Ltd.(BSNL) representing the respondents.
(2.) In this writ petition, the judgment and order dated 27/08/2014 passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench in OA No. 266/2010, rejecting the application filed by the petitioner against the order of penalty imposed upon him, has been put under challenge.
(3.) The facts of the case, briefly stated, are that the Department of Telecommunication, Government of India, had undertaken the work of trenching and laying of Optical Fiber cable (OFC) in the section Imphal-Moreh falling in the remote corner of the State of Manipur. The work for the entire stretch including sub-sections 10 and 11 of the route was carried out under the supervision and control of the Divisional Engineer OFC Project Guwahati. The contractor had submitted 1st R.A bill for an amount of Rs. 11,76,271/-.In order to verify the claim of the contractor, a team of three Officials consisting of the Director OFC, the Divisional Engineer OFC and the writ petitioner had visited Imphal sometime in the year 1996,so as to carry out sample tests of the trial pits. On completion of the survey, the petitioner had signed the bill by recommending a deduction of 5% from the total amount. The bill was also passed by the Director, OFC and DE, OFC. Accordingly, a sum of Rs. 11,17,457/- was paid to the contractor against the 1st RA bill submitted against Sub-Section-10 after deducting a sum of Rs. 58,814/-.;
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