Case: Sh. Ram Ujjagar S/o late Sh. Ram Lagan Vs Union of India (UOI) through it Secretary, Ministry of Communication and Information Technology, Department of Telecommunication, Member (Services), Department of Telecommunication, General Manager, Satelite Communication Projects (BSNL) and Sh. Pankaj Bhandari, Deputy General Manager (BSNL), Telecommunication Project. Central Administrative Tribunal

JudgesShanker Raju (J) and N.D. Dayal (A), Members
IssueService Law
Judgement DateSeptember 25, 2008
CourtCentral Administrative Tribunal

Order:

N.D. Dayal, Member (A), (Principal Bench, New Delhi)

  1. The applicant in this O.A. is seeking the following reliefs:

    (i) Quash the Order No. I-23/2006-Vig.III dated 29-3-2007 dismissing the appeal of the applicant and order of dismissal services vide order No. 8-196/03-Vig.II dated 30-102005 alongwith order dated 31st October, 2005 bearing No. 8-196/03-Vig-II, Charges Memo No. GM/SAT/ND/4959-60 dated 4-12-2003 and enquiry report dated 11th April, 2005 issued by the respondents in relation to and applicant may be reinstated in service with all consequential benefits.

    (ii) Mandamus directing the respondents to place before the Hon'ble court the records relating to the contract awarded to M/S V.K. Engineers, correspondence regarding recovery of 14 drums of OFC Cable with the Police Assistance of Muzzaffarnagar and relevant service records maintained by the respondents relating to the services of the applicant and/or

    (iii) Pass such other further order(s) in the facts and circumstances of the case as this Hon'ble Tribunal may deem just and equitable in favour of the Applicant.

  2. The respondents have filed counter-reply contesting the claim laid by the applicant against which he has filed a rejoinder.

  3. We have heard the learned counsel for both sides and perused the pleadings.

  4. From the averments of the applicant in the O.A. it is seen that he joined the Ministry of Telecommunication & I.T. on 17.02.1975 as Auto Exchange Assistant and thereafter over the years received promotion to the rank of Junior Telecom Engineer as well as received higher pay scale after 12 years of service. The applicant states that the Division Engineer, TP-II of the Department of Telecommunication, Karol Bagh, Delhi executed an agreement of contract with M/s V.K. Engineers, Rohini pertaining to trenching, laying of pipes and pulling of OF Cables in Section-1 of Kanina-Sehore OFC Route valid for the period from 24.02.1999 to 23.02.2000. A work order was awarded on 12.06.1999 indicating that Sh. Mohan Lal TP-II New Delhi would supervise it and Sh. Govind Singh, JTO TP-II, would be incharge of the route. On 16.07.2001 (Annexure A-5) Sh. Mohd. Jamil Ahmad, D.E. Telecom Project-II, Karol Bagh, New Delhi wrote to the applicant, who was at that time SDE, TP-II, regarding cable pulling works in Shamli-Rampur Section asking him to take back 19 cable drums from M/s V.K. Engineers as they had not restarted the cable pulling work inspite of several letters and it seemed that they did not want to do this work. On 17.07.2001(Annexure A-6) the applicant wrote to M/s V.K. Engineers requesting them to return all the cable drums by the next date with reference to telephonic talk. On 18.07.2001(Annexure A-7) the applicant wrote to the Station House Officer, Police Station Bhawan, Muzaffar Nagar(UP) informing them that he wants to take 14 cable drums out of 20, which are lying at Sharma Dhaba and, therefore, police assistance may be extended so that later on Contractor does not make any wrong allegation. The applicant submits that he was asked to go on tour and he recovered the 14 cable drums asking the Police by another communication to register F.I.R. and getting balance cable drums from the Contractor. The DE, TP-II wrote to the M/s V.K. Engineers on 21.07.2001 that unless balance drums are returned FIR would be registered with the Police.

  5. The applicant submits that as a result of such action Sh. Vimal Kumar, Proprietor and his manager Sh. Ravinder Singh conspired against him. The applicant claims that since Sh. Vinod Kumar took a loan of Rs. 12,500/- from him through his manager Sh. Ravinder Singh when the Contractor was facing financial hardship and the labourers had stopped the work, which he could not restart. Sh. Ravinder Singh was well known to the applicant and he promised to return the loan in due course before getting the payment of 2nd and final bill by Sh. Vimal Kumar. However, on 24.07.2001 Sh. Ravinder Singh along with Sh. Vimal Kumar made a false report to the C.B.I. that the applicant was demanding Rs. 12,500/- for clearance of the second and final bill amounting to Rs. 68,820/- and connived to blame the applicant for taking a bribe of Rs. 5000/-. It was only a return of the loan along with some documents relating to the second and final bill. The M.B. No. 418 pages No. 50 and 51, which were blank but signed were produced to the C.B.I.

  6. Annexure-A10 is the complaint by Sh. Vimal Kumar dated 24.07.2001 addressed to the Superintendent of police, C.B.I. New Delhi with regard to work order in respect of OFC route Narnol - SSA and for laying cable from Kanina to Sheore. Final bill for Rs. 68,820/- out of the total bill of Rs. 2,24,118/- was finally raised with the Karol Bagh Exchange and the applicant who was directly involved with the work and responsible for clearance of bill had withheld it for more than one year and was pressuring to pay bribe of Rs. 5000/- which demand was repeated yesterday when he met the applicant in his office by asking him to send the Manager Sh. Ravinder Singh with the bribe amount and he will clear the bill. He, therefore, prayed that the officer be brought to book as per law.

  7. A regular case was registered by the Delhi Special Police Establishment on the same date (Annexure A-11). The FIR RC-0051 was submitted in the Court of Tis Hazari, Delhi. At page 74 of the O.A. the applicant has enclosed a report of Inspector CBI relating to the trap laid against him, which reads as under:

    A trap was laid against the accused by Shri N.V.N. Krishan, Inspr. After complying all pre-trap legal formalities and incorporating the same in Handing Over Memo dated 24.7.01 signed by the complainant, his manager, independent witnesses and the CBI team members. Conversation between accused Shri Ram Ujager and Shri Ravinder Singh Manager was also recorded on 24.7.01 which showed demand by the accused before the trap.

    The trap team reached at the spot at about 4 PM Sh. Jagdish Singh, shadow witness and Sh. Ravinder Singh, Manager of the complainant were asked to contact the accused in his office. While proceeding towards the office they found Shri Ram Ujager, SDE at the bus stop just outside the office of the accused. On demand Sh. Ravinder Singh handed over the bribe money i.e. 50 tainted GC notes of Rs. 100 denomination each amounting to Rs. 5,000/- which was accepted by the accused with his right hand and after transferring the same to his left hand he kept the same in the left side pocket of his pant. Thereafter accused put both his hands in his left and right side pockets of his pant. On receiving the pre-fixed signal from shadow witness the trap team rushed to the spot and caught the accused Shri Ram Ujager red-handed for demanding and accepting a bribe amount of Rs. 5,000 from Shri Ravinder Singh. The bribe money was recovered by Shri Veer Sain Singh, witness, from the left side pant pocket of Shri Ram Ujager. The nos. of recovered GC notes of Rs. 5,000/- tallied with the details of GC notes as in handing over memo. The washes of both the hands and both the pant pockets of accused Shri Ram Ujager in colourless solution of sodium carbonate turned pink in colour and the same were duly transferred to clean glass bottles and sealed observing the formalities. He was taken to the room of Divisional Engineer, TP-II where the post trap legal formalities were completed such as taking washes of left & right hands and left & right side pant pocket of accused. A recovery memo incorporating all the post-trap formalities was duly drawn at the spot which was signed by the independent witnesses, CBI team members, complainant and his manager.

    The conversation between the accused Ram Ujager and complainant Shri Ravinder Singh were recorded in digital recorder which confirmed the demand and acceptance of bribe by the accused. This was also corroborated by the statement of shadow witness Shri Jagdish Singh and Manager of the complainant Shri Ravinder Singh.

    The personal search of the accused was made and also the brief case of the accused was searched. In the brief case the documents pertaining to the work of the complainant pending with the accused including bill payers and MB book No. 418 pertaining to M/s V.K. Engineers were seized.

    The investigation has revealed that the tender for trenching pipe laying and OF cab pulling & other related work was published in newspaper including Navbharat Times dt. 10.1.99. The tender for execution of the said work on Kanina - Sehore between Narnaul SSA area for Rs. 3,28,686 was awarded & accepted by Shri Vimal Kumar proprietor of M/s V.K. Engineers as per agreement dt. 24.2.99. The said work was awarded to M/s V.K. Engineers vide order No. DETP-II/N.D/N-385/4 dt. 26.3.99. The first running bill dt 11.10.99 for Rs. 1,72,553/- of M/s V.K. Engineers was raised & paid. However the II & final bill dt. 26.3.2000 for Rs. 68,820/- was submitted by M/s V.K. Engineers but the same was not paid & kept pending by Shri Ram Ujager.

    During investigation the relevant witnesses were examined on the basis of documents and it is revealed that Shri Ram Ujager was competent to recommend for the payment of the said bill for laying cable of BSNL Karol Bagh exchange by Shri Vimal Kumar but kept pending for such a long time. The first running bill was cleared but...

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