Delhi High Court has direct Bharat Sanchar Nigam Ltd (BSNL) to initiate departmental action, as suggest by the CBI, against its officers for allegedly formulating improper tenders and lack of planning before issuing of purchase orders of GSM telephone mobile lines.
High court made it clear that it has not express any opinion on the merits of the imputations of allegations on the officers of BSNL and any action initiate by the telecom company be taken to its logical conclusion on its own merits.
The court’s order came while disposing of a plea in which it was alleged that BSNL officials allegedly cause loss of about Rs. 1,000 crore to the exchequer by releasing unauthorise payment to the subsidiary of a Chinese firm by fabricating documents.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said in an order :
“The Preliminary Enquiry (PE) has been register by the CBI at the instance of this court and the CBI, after concluding the investigation has filed status reports before this court. On a perusal of the status reports, this court does not find any reason to discard the status reports file by the CBI and pass any further directions. This court, however, directs the BSNL to initiate departmental action, as suggested by the CBI, against its officers. It is made clear that this court has not expressed any opinion on the merits of the imputations of allegations on the officers of BSNL. Any action initiated by the BSNL be taken to its logical conclusion on its own merits,”.
It said as order by the apex court in the Latika Kumari case, the CBI is direct to supply a copy of the entry of the closure to the petitioner disclosing the reasons, in brief, for closing the complaint and not proceeding further.
It grant liberty to the petitioner NGO Telecom Watchdog to take recourse to the legal remedies in accordance with law.
The petition file by the NGO, represent through advocate Prashant Bhushan, had alleged that officials of BSNL had connived with M/s ZTE Telecom India Pvt Ltd, a Chinese contractor, and forge official records of BSNL so that “undue payments” of about Rs. 1,000 crore could be release to the firm.
The CBI, in its latest status report file in the court in January, state that though money had receive by M/s Trimax IT and Infrastructure Ltd from ZTE no link has establish that the money receive by them was use in bribing the officials of BSNL.
The status report suggest that departmental enquiry must be initiate against a senior officer of BSNL for making modification in the payment milestone without deliberating upon the efforts to acquire the sites which result into financial loss and technical degradation by having the add-on work contract with ZTE at the rate of 2011.
It further suggest that departmental action, if found necessary, be taken against the officers of BSNL for formulating improper tenders and lack of planning before issuing of purchase orders.
The petition had claim that in 2011, BSNL had invite tender for north, south and east zones for 14.37 million GSM mobile telephone lines on turnkey basis and following a transparent competitive bidding process, ZTE emerge as the successful bidder for all three zones at a cost of Rs. 4,204.85 crore.
The plea had alleged that in its tender, BSNL had prescribe eight milestones for releasing payments, according to which only 50% payment was payable up to delivery stage and the balance to be release in stages on installation and commissioning.
The plea had claim that certain officials of BSNL and ZTE enter into a conspiracy to release undue payment of 95.10% “illegitimately for all such uninstalled equipment“.
It had alleged that official documents were fabricate to release payment of 95.10% “illegitimately” to ZTE.
