VODAFONE MOBILE SERVICES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONS Nos. 198 and 199 of 2013 are filed by M/s. Bharti Airtel Ltd. (Airtel) and petition No. 246 of 2013 by M/s. Vodafone Mobile Services Ltd. (Vodafone). Both the petitioners challenge the imposition of penalty for introducing, for some time in the past, "Subscriber Local Dialing", a service that the two petitioners called by different names, e.g., "Optimal Routing Service", "Direct Connect Service", Local Calling Service" etc.

(2.) IN the case of Airtel (in petition No. 198 of 2013), the impugned order is dated 9 July 2013. It is passed (in the name of the President of India) by the Director (AS -IV), Department of Telecommunications, Government of India. It relates to 11 service areas, namely, Delhi, Gujarat, Himachal Pradesh, Haryana, Maharashtra, UP(West), Kerala, Madhya Pradesh, Mumbai, Punjab and Chennai Metro service areas and gives to Airtel the Penalty of Rs. 50 Crores (the maximum prescribed under the licence) in each of the eleven (11) circles. In petition No. 199 of 2013, the impugned order of the same date relates to the service areas of Andhra Pradesh and Tamil Nadu; for each of the two service areas too Airtel is given the maximum penalty of Rs. 50 crores each. Thus, under the two orders, Airtel is faced with the total penalty of Rs. 650 crores.

(3.) THE penalties are imposed on the ground that the services were introduced by the petitioners and those were continued in breach of their licence conditions.