Decided on October 04,2018

Subal Kanta Borah Appellant
Central Bureau Of Investigation Cbi Respondents


Rumi Kumari Phukan, J. - (1.) As all the appeals arose from the same judgment in special case 9/2006 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 39/2015; Mr. B. M. Choudhury, learned counsel for the appellants in Crl. Appeal 40/2015 & Crl. Appeal 42/2015 as well as Mr. A. M. Bora, learned counsel for the appellant in Crl. Appeal 49/2015. 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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