Dalit-Online
Weekly e news paper
Editor: Nagaraja.M.R.. Vol.17....Issue. 31............01/08/2021
RTI APPLICATION TO CPIO DEPARTMENT OF TELECOMMUNICATION , GOI NEW DELHI
Refer RTI APPLICATION No :
DGTHQ/R/E/20/00104
We salute honest few in public service , our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.
M/s Karnataka Telecables Ltd , Mysore renamed as M/s RPG Telecom Ltd again renamed as M/s RPG Cables Ltd once again renamed as M/s KEC International , Mysore used to manufacture PIJF & OFC telecables and supplied it to department of telecommunications , government of india , Indian Railways and GAIL , PGCIL of Ministry of Petroleum . DOT used to pay hundreds of crores of rupees from public exchequer to buy these cables . There is also one more company by name M/s Concepta Cables Ltd , Mysore belonging to the same industrial group supplying PIJF & OFC telecables to DOT. As a public , as a citizen of india and as a tax payer I want to know whether those crores of rupees from public exchequer are well spent.
1. How many times the above said companies were blacklisted by DOT , Supreme Court of India and other quasi judicial bodies , casewise ?
2. What action taken by DOT & judicial bodies against the above companies , casewise ?
3. How many cable kms of cable supplied by above companies , were rejected by DOT from the field yearwise , since 1986 ?
4. Did the above companies replace all the cables rejected by DOT & make good all the losses , yearwise ?
5. If not , why ?
6. What action taken by DOT , casewise ?
7. How many cable kms of cables supplied by above companies were accepted on deviation by DOT yearwise ? on what basis ?
8. Has the DOT authorised usage of recycled materials in the manufacture of cables ?
9. If yes , on what basis ?
10. Did DOT authorize outsourcing of cable manufacturing process by above companies to third parties , casewise ?
11. How many cable kms of telecom cables supplied by above companies have failed during usage within the warranty period , yearwise ?
12. Did the above companies honour warranty contract in all such cases ?
13. If not why , casewise ?
14. What action by DOT , casewise ?
15. Did KTL / RPG TELECOM / RPG CABLES violate norms laid down by DOT / BSNL , etc ?
16. RPG cables taking orders for cables from government but getting it manufactured in Concepta cables and vice versa, is it legal ? What action by DOT , BSNL , MTNL ,etc ?
16. To my previous rti requests and appeals you gave half truth information to few questions and for most questions you didn't answer. Your denial of information helped crime cover ups and aided criminals to escape & commit more crimes unabated. Crime cover up and aid to crime in itself is one more crime. Why should not you be together with Secretary DOT legally prosecuted for the same.
17. Give me the list of legal actions taken by DOT against Reliance Infocom and Reliance Jio for recovery of public money viz failure to pay switching fees , loss of money due to getting license for data only paying lowest money but getting freebies of voice / telecom service at the cost of data only , rerouting of international calls as local calls , for failure to pay charges for using telecom infrastructure of DOT , BSNL, MTNL.
18. Is license issued to Reliance infocom and Reliance Jio legal ?
19. BSNL, private players like jio levy penalty , interest on post paid telephone subscribers when they make delayed bill payments. After certain period service line itself will be ruthlessly cut. When this is the ground reality why Jio and other private telecom players are given twenty years period by supreme court in addition to discounted rate. Has the DOT submitted an appeal in the Supreme Court of India for the review of it's order ( by Justice Arun Mishra ) regarding AGR dues ?
20. Why not yet DOT stopped providing telecom infrastructure service to defaulting private telecom companies ?
21. Is it not loss to public exchequer ? Beneficiaries ?
Information Request under RTI to HONOURABLE Assistant Labour Commissioner and Deputy Director of Factories Mysuru District
Ref : RTI Application no. LAMYS/R/2021/60004
1. List of industrial accidents involving workman in industries located in mysuru district from 2001 – 2021 year wise with name of industry where it occurred.
2. List of industrial accidents not reported by industries in the above geographic area in the above mentioned time period with name of industry where it occurred.
3. List of Industrial accidents which happened at M/s RPG Telecom, RPG Cables, Karnataka Telecables Ltd, Concepta Cables Ltd , KEC International Ltd , Sudarshan Telecom , Finecore Cables, Varsha Cables , Deepanjan Cables , KTMS , Automotive Axles Ltd and at construction site of Infosys campus Mysore from 2001 – 2021.
4. List of action taken by government against above erring companies. If not reasons for it.
RPG CABLES LTD thy name FRAUD ?
BEWARE BANKERS & SMALL INVESTORS
M/S RPG CABLES LTD , an industry located at mysore was promoted by the most influential congress M.P mr. R.P.Goenka. the senior executives of the company are looting the resources of the company in turn bringing bad name to the company &causing immense losses to all stakeholders.
Without due permission of the customers & in violation of customer contracts, these executives are effecting deviations in the process like using recycled products, processing at higher speeds & using the approved materials at the ends of the cable ie testing lengths only , in between the cable length non-conforming raw materials are used. Thereby, these executives are cheating the customers like BSNL, PGCIL, GAIL, MTNL, etc since years. Many cables are failing at fields , if thorough inspection is done many more will cometo light. The company is made to pay huge penalties , even suffered blacklisting all due to the greedy actions of senior executives. There is no proper tendering procedure while purchasing raw materials or disposal of machineries . The money is siphoned-off to sister companies by offering low interest loans,selling the shares at undervalue or by purchasing shares at inflated price , etc. There is no proper documentation or tax payments for the flow of goods between M/S RPG CABLES LTD, MYSORE & M/S CONCEPTA CABLES LTD, MYSORE. There is no word called TRANSPARENCY OR CORPORATE GOVERNANCE in their books.
These type of ill-gotten wealth of various industrialists & traders in india is fuelling the black economy, destabilising the economy, cheating the government of it's tax dues, cheating the lending banks, funding the political parties,underworld & terrorist outfits. The senior executives of the company are leading the luxurious lifestyles much above their known sources of income. When late mr. R.P.Goenka has failed to properly govern a small companso imagine how he governed our vast country India being a member of parliament ?
The shameful part is that inspite of so much of cheating by the said company ie by it's executives , now the government through BIFR has given loans again to this company. Definitely this money to the tune of crores will disappear in the black hole too . God save my country.
JAI HIND . VANDE MATARAM.
YOUR'S SINCERELY,
NAGARAJ.M.R.
wake-up labour commissioner & chief inspector of factories,government of karnataka
.- illegal, unfair labour practices by M/S RPG CABLES LTD MYSORE
In M/S RPG Cables Ltd , the workers are forced to work in hazardous atmosphere without proper safety gears , safety shoes & forced to lift/push heavier loads . They are forced to work throughout the night shift even without mandatory½ hour break. labour laws are flouted rampantly , some of the workers are suffering from health problems due to exposure to the fumes of hazardous chemicals like M.E.K , polythene compounds , petroleum jelly , optic fibre materials. The management has illegally retrenched number of workmen from the service &has appointed number of casual labourers in their place . to by-pass the law they have even outsourced some works.
In RPG Cables Ltd workers are subjected to work in hazardous conditions. First of all , the machine layout , the space for material movement, & storage space is so congested that the accidents are definite to happen. There are allegations that some of the workers are not even paid nominal wages & are not even covered by E.S.I , P.F. the workers are not even provided with appropriate safety gears . To escape from legal prosecution the names of workers are not maintained in muster rolls instead it is just entered in a note book. Provisions of drinking water , urinals , first aid , etc are poor. The workers are forced to inhale the fumes of polythene compounds ,petroleum jelly , etc and forced to lift/push heavier loads . even women workers are made to work for long hours. Are the factory inspectorate & labour department sleeping ?
RPG CABLES LIMITED MYSORE– FIT TO BE BLACK LISTED BY THE GOVERNMENT FOR UNFAIR TRADE & LABOUR PRACTICES
This is a company promoted by longtime supporter & congress M.P (member of parliament ), late mr. R.P . GOENKA. the company was blacklisted by the supreme court of india in 1996.the company was subjected to inspection by department of telecommunications& tax authorities ,for various violations of contract ,tax laws , etc ,time & again ,however each time it was MANAGED WELL.
Due to various wrong decisions of the management like purchase of wrong raw materials(not up to customer requirements),changing process parameters and using reworked/recycled materials, all in violation of CONTRACTS WITH THE CUSTOMERS(like BSNL , MTNL , PGCIL , GAIL ) . thereby the customers were supplied with inferior quality products than those mentioned in the contract . as a result the company was forced to frequently pay-up penalties to the customers & to provide replacements to the customers ,all to the tune of crores of rupees .after opening up of CONCEPTA CABLES LTD in mysore beside the RPG CABLES LTD in mysore the materials used to be moved from one company to another without any documents or excise documents. the company has totally disregarded the safety & environmental norms. HOWEVER WHENEVER GOVERNMENT OFFICIALS CAME FOR INSPECTION THEY MANAGED IT SO WELL WITH THE AID OF FAKE DOCUMENTS.
The management frequently made large purchases from the market without calling for public bidding / tender. the management frequently gave loans/money advances to the sister concerns at low lending rates than the prevailing market rates. finally as a result the public –the Share holders , government , lending banks are cheated by the management.
AN APPEAL TO HONOURABLE MINISTER FOR LABOUR , GOK , BANGALORE
Respected sir/madam,
1) illegal retrenchment by M/S RPG CABLES LIMITED.MYSORE
2) .2)THE NEGLIGENCE OF DUTY BY ASISSTANT LABOUR COMMISSIONER MYSORE.3)refer : IDA-3/CR-152/2002-03 dated 25/05/04
I have brought the issue of illegal retrenchment of me by the above saidmanagement and other injustices , to the notice of honourable labourcommissioner on 15/05/04.in turn he directed the A.L.C MYSORE to take action& to send a report to him.on 02/07/04 the A.L.C mysore informed me that asthe same dispute of retrenchment has been filed by RPG CABLES EMPLOYEES UNION& as she has sent the failure report to the government , the matter is closed.The A.L.C mysore has not taken into consideration the total number of employees(workman) working in RPG CABLES unit 1 &unit 2 mysore ,RPG CABLES branches at silvassa, raebarelli U.P. , thane , maharashtra and the marketing offices spread throught india, in the preceding 12 months .all these units are merged , a single entity with common registered office at mysore.In my application dated 15/05/04 , i have raised other issues of injustices like ,damage to my health , occupational safety ,unfair labour practices , etc the A.L.C mysore has not treated those each issues as separate disputes and has clubbed everything with the issue of retrenchment & swept it away. why this negligence of duty ?
1. there are workman much junior to me in my category working in the company.
2. after effecting the retrenchment on 29/04/04 the management through oral orders has made internal transfers to my category .these new transferees are also much junior to me.
3. i was not paid equal wages for the work of equal value & quality.
4. i was made to lift, push weights more than 60kg all alone.
5.i was not provided safety gears against the fumes of methyl ethyl ketone ,petroleum jelly , H.D.P.E , L.D.P.E compounds.
6. i was not provided safety gears to handle optic fibre cable materials.
7. some times even hand gloves were not provided.
8. since 2 years i was not provided even safety shoes & clothings . the first-aid room is not properly equipped ,the accidents go unreported intentionally.
9. in night shifts i was not even provided the 1/2 hour rest interval. During overtime shift continuation also the 1/2 hour rest interval were not provided to me.
10. various machines are without proper safety guards .the D.G sets are operated by the personnel without D.G OPERATOR LICENCE.
11.no yearly employee health check-up nor the safety audit is conducted.
12. the scrap disposal is not proper ,the cables are burnt in the open ,the optic fibre cable scrap is thrown in the yard.
13. due to all these unhealthy work practices & surroundings , i have suffered health damages.
14. the management has closed the canteen while conciliation was going on.
15.the management was paying rupees 8.00 as the canteen allowance plus subsidy for each day instead of rupees 9.50 which it was paying early to the canteen contractor.
16. the management effected the retrenchment while the conciliation proceedings were going on.
17. the management threatened me of dismissal if i don't resign from the union leadership.
18. the management didn't take into account the balance of working days of the previous year nor it was carried forward while giving EARNED LEAVE for the current year.
19. the management was not paying the monthly salary on the stipulated date.
20. the management didn't pay the full & final financial settlement on the last working day together with retrenchment notice .HEREBY, I DO REQUEST YOUR KINDSELF TO TREAT THE EACH ISSUES AS SEPARATE DISPUTES , TO GIVE ME JUSTICE , TO ORDER MY RE-INSTATEMENT INTO SERVICE WITHFULL BACKWAGES, TO SECURE ME THE MEDICAL COMPENSATION TOWARDS HEALTH DAMAGES.
Your's sincerely,
Sufferer of injustices
Editorial – Telecom Scams RPG , Reliance ………………
Inspite of repeated appeals government has allowed telecom companies to swindle public exchequer. Even supreme court of india is mum , not taking appropriate actions , why ?
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO….. OF 2015
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner
Versus
Cabinet Secretary ( Telecommunications) Government of India & Others
….Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
2. Eventhough , certain PIJF companies were previously found to be involved in illegal practices , CPIO of DOT / BSNL is hiding information . Thereby , he is trying to shield criminals.
3. By this action CPIO of DOT / BSNL is aiding criminals.
2. Question(s) of Law:
DOT / BSNL has paid crores of rupees to PIJF Telecable manufacturers towards purchase of cables. The money is from public exchequer , people’s money . That public money is swindled by cable manufacturers with tacit support of DOT / BSNL officials. Why no prosecution of DOT / BSNL officials & cable manufacturers ? are they above law ?
3. Grounds:
Requests for equitable justice , Accountability for public money worth crores of rupees.
4. Averment:
Private companies in their greed for money are violating norms in league with public officials. They have caused loss to the public exchequer.
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Kindly read full details at following web page :
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/ ,
http://crimesatrpg.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/218
Dated : 13th June 2015 FILED BY: NAGARAJA.M.R.
Place : Mysuru , India PETITIONER-IN-PERSON
RTI Appeal Not Answered by DOT / BSNL officials
To ,
Shri. L.K. Govil ,
GM (Coordination) & RTI Appellate Authority ,
BSNL Corporate office ,
Room No .27 , IR Hall , Eastern Court Complex ,
Jan Path Road , New Delhi – 110001.
APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA
FULL NAME OF THE APPLICANT : NAGARAJA.M.R.
ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,
EDITOR , SOS E-VOICE JUSTICE & SOS E-CLARION OF DALIT ,
# LIG-2 / 761, OPP WATER WORKS OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA PIN – 570017.
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned DOT officials fall among the category of churchill’s men – Rogues , Rascals & Freebooters. To my previous RTI requests & appeals they tried covering – up crores worth SCAM by transferring application from one to the other at the end by denying information to me, Does not the DOT possess information with respect to tenders given by it to suppliers. Is it not the duty of DOT QUALITY Circle to monitor the supplies from suppliers ? Then who has got it ? why don’t you transfer the RTI application to that authority or ask for information from them ?
We salute honest few in public service , our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.
M/s Karnataka Telecables Ltd , Mysore renamed as M/s RPG Telecom Ltd again renamed as M/s RPG Cables Ltd once again renamed as M/s KEC International , Mysore used to manufacture PIJF & OFC telecables and supplied it to department of telecommunications , government of india , Indian Railways and GAIL , PGCIL of Ministry of Petroleum . DOT used to pay hundreds of crores of rupees from public exchequer to buy these cables . There is also one more company by name M/s Concepta Cables Ltd , Mysore belonging to the same industrial group supplying PIJF & OFC telecables to DOT. As a public , as a citizen of india and as a tax payer I want to know whether those crores of rupees from public exchequer are well spent.
1. How many times the above said companies were blacklisted by DOT , Supreme Court of India and other quasi judicial bodies , casewise ?
2. What action taken by DOT & judicial bodies against the above companies , casewise ?
3. How many cable kms of cable supplied by above companies , were rejected by DOT from the field yearwise , since 1986 ?
4. Did the above companies replace all the cables rejected by DOT & make good all the losses , yearwise ?
5. If not , why ?
6. What action taken by DOT , casewise ?
7. How many cable kms of cables supplied by above companies were accepted on deviation by DOT yearwise ? on what basis ?
8. Has the DOT authorised usage of recycled materials in the manufacture of cables ?
9. If yes , on what basis ?
10. Did DOT authorize outsourcing of cable manufacturing process by above companies to third parties , casewise ?
11. How many cable kms of telecom cables supplied by above companies have failed during usage within the warranty period , yearwise ?
12. Did the above companies honour warranty contract in all such cases ?
13. If not why , casewise ?
14. What action by DOT , casewise ?
15. Who maintains records of DOT / BSNL tenders given out to Suppliers specifically with respect to tenders given to M/s Karnataka Telecables Ltd , M/s RPG Telecom Ltd , M/s RPG Cables Ltd , M/s Concepta Cables Ltd & M/s KEC International Ltd ?
16. How may rejections / adverse reports , deviations found in the supplies made by above companies by DOT / BSNL Quality Circle ?
17. What action taken against BSNL / DOT officials who are trying to cover-up the scam inspite of my repeated appeals & RTI requests ?
YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1995-2015 .
PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE INFORMATION :
CPIO , BSNL HQ , New Delhi.
FEES PAID : IPO 16G 733463 for rupees TWENTY only
DATE : 28.03.2015 ……………..………………………NAGARAJA.M.R.
PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)
EX-MINISTER SUKHRAM CONVICTED IN 1996 TELECOM SCAM
Former Telecom Minister Sukhram in PV Narasimha Rao’s cabinet has been convicted for awarding a lucrative contract to a private telecom firm for supplying cables to the government at inflated rates after receiving a bribe of Rs3 lakh 15 years back.
Special Judge RP Pandey, who convicted 84-year-old Sukhram also on charges of misusing his official position in awarding the contract and causing loss to the state exchequer, is likely to decide on quantum of sentence to him tomorrow.
The corruption case dates back to 1996, when the Telecom Ministry under Sukhram’s stewardship had awarded private firm Haryana Telecom Limited (HTL) a contract worth Rs 30 crore to supply 3.5 Lakh Conductor Kilometers (LCKM) of Polythene Insulated Jelly Filled (PIJF) cables to the telecom department.
Sukhram had been put on trial along with HTL chairman Devinder Singh Choudhary who had died during the trial.
“Sukhram also obtained (illegal) gratification other than legal remunerations from Choudhary as a motive or reward for showing the favour to the said firm (HTL),” the judge said.
The court convicted Sukhram, brushing aside his defence counsel argument that had he caused a huge pecuniary gain to HTL, he would not have taken a paltry sum of Rs3 Lakh. The court termed the argument as “devoid of merit.”
“It is not the prosecution case that Sukhram got only this much amount in this deal which runs into crores of rupees. The prosecution case is that the amount of Rs3 lakh which was recovered from him was the bribe money.
“It is a matter of common knowledge that it is virtually impossible to get any direct evidence where both i.e bribe giver and the person who takes the bribe, worked in joint concert,” ASJ Pandey said in his 188-page order.
Convicting Sukhram, the judge said though there was no direct evidence to prove the existence of conspiracy between Sukhram and Choudhary, “it is a well-known fact that conspiracy is hatched in privacy and secrecy, for which direct evidence would be rarely available.”
“The facts and circumstances show that because of proximity of co-accused D S Choudhary (since expired) with Sukh Ram, M/s HTL was his most favoured vendor,” it said.
The court also refused to accept the argument of defence counsel that after the death of co-accused Choudhary, Sukhram cannot be convicted for conspiracy.
“His (Sukhram counsel’s) submission is without basis. It is suffice to say that death of an accused only abates the case against him which was pending but it does not mitigate the offence alleged to have been committed by him in concert with his co-accused,” the judge said.
The court noted that CBI had conducted search at the Himachal Pradesh residence of Sukhram from where it had recovered over Rs 1.16 crore.
The court said the note prepared by an official of the department on October 8, 1995 had mentioned the “precarious” position of HTL and another firm and it was proposed not to award it the contract to supply cables in excess of its ability.
But, despite that Sukhram had passed an order to give the contract to HTL for supplying additional cables, it added.
‘Undue favour shown to Reliance Jio’
But the Mukesh Ambani-led company says that no rules were bent.
The Comptroller and Auditor General of India on Friday said Reliance Jio Infocomm got undue advantage of Rs. 3,367.29 crore after the Department of Telecom allowed it to provide voice calling services using BWA spectrum under the new licensing regime.
Infotel Broadband, which had won pan-India spectrum in the 2010 BWA spectrum auctions, was later acquired by the Mukesh Ambani-led Reliance Industries. While Infotel had outbid most of the telecom operators, being an internet service provider (ISP) its licensing conditions did not allow it to offer voice services on this spectrum.
In 2013, the Department of Telecom allowed migration of ISP licensees with BWA spectrum to unified licence that would enable them to provide voice services using BWA spectrum. In its report, the CAG said Reliance Jio was the first to “take benefit of this scheme.”
“Reliance Jio Infocomm Limited (formerly, M/s Infotel)… paid Unified License entry fee of Rs. 15 crore and additional migration fee of Rs. 1,658 crore in August 2013. This migration, allowed at prices discovered in 2001, resulted in undue advantage of Rs. 3,367.29 crore to M/s Reliance Jio Infocomm,” the CAG said in its report.
As per CAG calculations, the value of licence as on August 2013, would have been at least Rs. 5,025.29 crore.
“The decision to grant permission to an ISP licensee with BWA spectrum to operate in the voice telephony space also helped the ISP to circumvent the restrictions imposed by their licence at the time of auction, which were known to the ISP at the time of bidding for the BWA spectrum,” the auditor stated.
This was mainly because there was a lack of due diligence of in auction of spectrum.
Reliance Jio, however, denied the charges, saying, “we have acquired all our spectrum at market prices through open and transparent bidding processes, the conditions for which were same for all bidders. Further, the DoT rules for procuring the relevant licence for services using BWA spectrum too were the same for all successful bidders.”
CAG urges DOT to cancel Pan India 4G spectrum held by Reliance Jio
Comptroller & Auditor General of India in a draft report sent to the Department of Telecom for comments, said, “the DoT failed to recognise the tell-tale sign of rigging of the auction right from beginning of the auction” in which a small ISP, Infotel Broadband Services Pvt Ltd (IBSPL) emerged winner of pan-India broadband spectrum by paying 5,000 times of its net worth.
RIL, which acquired IBSPL within hours of it winning the spectrum and later renamed it Reliance Jio, said, “There is no final CAG report that we are aware of. That said we out rightly reject any suggestion whereby spectrum was acquired in any manner other than through a transparent bidding process duly supervised by Government of India.”
CAG report on Reliance Jio:
CAG says IBSPL, ranked 150th in the list of ISPs, submitted an earnest money deposit of Rs 252.50 crore through the covert and overt assistance of third party / private bank, bid for Rs 12,847.77 crore (5000 times of its net worth) for pan-India spectrum and then sold the company on the day of completion of the auction. This indicated IBSPL’s collusion and sharing of the confidential information with a third party in violation of auction conditions, said CAG.
RIL spokesperson said that as per NIA bidders were required to submit Bank Guarantee for desired amount as Earnest Money Deposit (EMD) along with its application. “EMD was based on specific deposit requirement for each telecom circle. Accordingly Infotel Broadband Services Pvt Ltd (IBSPL) submitted a Bank Guarantee of Rs 253 crore in format as prescribed in NIA. Since no money was deposited as EMD, the question of source of deposit does not arise,” RIL spokesperson said reports Outlook India .
According to CAG, due to inclusion of inadequate eligibility criterion for participation in the auction, the promoters of the IBSPL enriched themselves and made unfair gain.
CAG rejected DoT response that the eligibility criterion for participation in the auction was finalized after due diligence and on sector regulator TRAI’s recommendations saying it was department’s responsibility to ensure that only serious ISPs participated in the auction.
DoT in its response admitted that there was no eligibility criterion with respect to minimum net worth or paid up capital for participation in the auction.
The inter-ministerial committee did not satisfy itself as to how the IBSPL, a company with a net worth of Rs 2.5 crore, would be able to pay the bid amount of Rs 12,847.77 crore within ten days.
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