Sirs,
My case is vs CBI. Allegation against me and other 3 officers (from BSNL) involved in criminal conspiracy with contractors. Sections 120,420 477A of IPC 13(1) against us.
Facts of the case
1.laying of 90 KM (Rajgarh to Sarahan) OFC(Optical Fibre Cable) work was allotted to 7 contractors by Solan (Himachal Pradesh) Division by GM of BSNL Solan(Dist) during the year 2009.
2.Work was completed by the contractors and checking work by BSNL officers of Solan Division also completed. Checking involves 100% by JE(Junior Engineer), 50% by AE(Asst. Eng.) and 10% by DE(Divisional Eng.) and processed the contractors bills to planning and account section got approved by GM of Solan BSNL and made payments tho the contractors.
3. Depending of the strata of the soil protection to the OFC has to be provided by the contractors ie if the depth is between 120cm to 90cm protection is split RCC(Rectified Cement Concrete) pipe or GI(Galvonised Iron) pipe, if the depth is between 89cm to 50cm protection is CC(Cement Concrete) with wild Mesh. Competent Authority for certifying that the protection has been provided and relaxation for providing protection the depth between 120cm to 90cm was DGM(Deputy Gen. Manager) of Solan(Dist.) Competent Authority for certifying that the protection has been provided and relaxation for providing protection the depth between 89cm to 50cm was CGM(Chief Gen. Manager) of H.P state.
4. In the case on hand only DGM certification and relaxation has been provided
5. There are two types of bills (a) Running bills and (b) Final Bills. 70% of payment can be released for running bills. Release of 70% payment can be made on the base of DGM certification and relaxation and 30% of payment has to be released only after getting relaxation from CGM and some other certificates from others like store division, AT(Acceptance and Testing) Division headed by CGM Jabalpur(M.P) which is not a part of Solan Division.
6.A complaint had registered in CBI Shimla during the year 2011 almost 2 years after the execution of the work that there were irregularities in laying of OFC cable.
7.Based on the complaint CBI visited initially and made FIR against BSNL officials and on contractors
8.CBI inspected the route(Rajgarh-Sarahan) by digging 2 Pits per Kilometer where the protection had been provided. CBI prepared physical inspection memo what they found on ground and what the measurement onMB(Measurement Book) filled by all three Officers of BSNL Solan(ie 100%, 50% and 10% checking officers) at particular point of digging.
9. CBI accompanied BSNL officers, contractors and independent witnesses for conducting physical inspection.
10.CBI constitute one committee from BSNL Solan to calculate loss incurred. The committee had prepared the loss according to the contractors. In the case on hand one contractor had not taken the final payment and the recovery had decided by the committee was Rs. 35 only.
11. Then CBI started interrogation for the interrogation I was also called upon.
12. I was the officer SDE(Sub Divisional Engineer)from AT(Acceptance and Testing) Division headed by CGM Jabalpur(M.P) head quarter at Shimla. And I was controlled by DE(Divisional Engineer) of AT Division whose head quarter is also at Shimla. During that period my DE was on leave and the charge was with (Divisional Engineer) of AT Division Dehradun.
13. As per procedure once the laying of OFC work has been completed, the execution unit i.e. Solan BSNL unit has to Offer the work to the AT(Acceptance and Testing) Division. There are two types of ATs one is DEPTH AT and another was CABLE AT. They offered DEPTH AT work only to DE Dehradun of AT wing. DE Dehradun allotted the work to me.
14. My role was to conduct DEPTH AT according to the schedule approved by CGM Jabalpur of AT wing. I conducted DEPTH AT by digging 2 pits per Kilometer and made my observations on a prescribed performa and submitted to my superior and a copy to the installer ie AE BSNL Solan for information. My report contains pending points. Once the DEPTH AT completed in all respects with no pending points my superior was the competent authority to issue the DEPTH AT certificate. In this case he had not issued any certificate since my observation contains pending points. The execution unit i.e. Solan BSNL unit had not offer the FIBRE AT to the AT(Acceptance and Testing) Division. However final payments made to the contractors with the absence of DEPTH AT and FIBRE AT certificates from DE AT(Acceptance and Testing) Division
15. I was transferred to Bangalore during the year 2010 in same AT(Acceptance and Testing) Division.
16. I had been called for interrogation during the year 2011 and during interrogation I stated point No.14. They had not shown any record to me during interrogation. Interrogation was done only for about 2 hours at CBI office Shimla.
17. I received H’ble Court Summon during 2013. CBI made accused me, Three 100% checking officers and 6 contractors. They left one contractor, 50% Checking, 10% checking, planning section, Account section and approval authority and made them as witnesses. Allegations against were Sections 120,420 477A of IPC 13(1), criminal conspiracy between us wrongful gain to the contractors by me
18.During the trial all the PWs supported me stating that my report was only observation report based on observation report final payment can not be made. Even account officer admitted that they had made in the absence of observation report by me. All admitted that my report was a waste paper having no value. In this case the even IO admitted that the location where I dug the pit was not dug by CBI and also admitted that based on observation report final payment can not be made. Even planning section admitted that they had processed the bill in the absence of certificates from DE AT i.e my boss. As per tender it was clear that for processing of final bills both DEPTH AT and FIBRE AT Certificate from DEAT necessary. Bills were not made available to AT Wing. AT wing is independent wing.
19. There is no transaction of any money or any such type
19. After trail all accused were convicted for SI for 2 years and fine
20. My question is
(a) How I was convicted on what grounds even though I don’t have role in payments?
(b) My advocates advised me to pay the fine and released on bail. Advocates also said that there is a condition that bail may be granted only after the fine amount has to be deposited. Some say that I shouldn’t have pay the fine it clears that I was accepting conviction. Is it true?
(c) I appealed my conviction in the High Court whether my appeal will be allowed?
(d) Can I get Justice from High Court?
Asked 9 years ago in Criminal Law
