The Delhi High Court today directed CBI to submit its investigation report and other related documents against MTNL's Chairman and Managing Director R S P Sinha.
Accepting a petition filed by one NGO Telecom Watchdog, a division bench headed by Chief Justice A P Shah and Justice N K Kaul directed CBI to submit relevant file regarding its preliminary findings in the FIR registered against the MTNL CMD, matter regarding alleged fraud in tenders awarded to Motorola in 2004.
"CBI would produce the relevant file ... On the next date," the division bench said.
In its petition, the NGO has alleged that CBI which "has found him (Sinha) prime accused" was not allowed by the government to go ahead against Sinha and other officials.
"Now, the CBI in its report and charges submitted to the Department of Telecom has found him to be prime accused and therefore, asked for its permission for further investigating the case against him," the NGO submitted.
Telecom Watchdog further alleged that the DoT "on flimsy ground not only refused permission but also initiated proposal for the extension of Sinha's term till September 2011 which is now pending before the Appointments Committee of Cabinet".
However, during the proceedings Additional Solicitor General Parag Tripathi appearing for MTNL chief refuted the allegation and submitted that the petitioner was just trying to frame him.
"When he (Sinha) was Director Finance, MTNL, petitioner approached five times for advertisement for his magazine Telecom Live, which he refused ... They are just trying to fix him any how," submitted ASG, adding that NGO was trying to blackmail him.
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He also questioned the locus standi of the NGO and requested the court to direct it to furnish the income details of the Telecom Watchdog and its magazine Telecom Live.
Consenting to it, the bench said, "There should be transparency from both the sides. You (NGO) should also clear his allegation".
The bench also directed the NGO to file an affidavit regarding allegations made by the MTNL chief and directed to give submission of its income received from the circulation of its magazine and advertisements.
The court also declined to NGO's plea to stop ACCs' process of granting extension to Sinha. "He is entitled to continue till August 2009 and matter would be heard by us in July. If allegation sustains then we would order accordingly," the court observed.
"We cannot go right now in ACCs' decision ... We are enquiring the matter. There is a decision of the minister and we have to see records," the bench observed further.
Senior Advocate Jayant Bhushan appearing for the NGO submitted that MTNL's Grauda service for which bids were invited and payment were made to mobile equipment manufacturer Motorola is "lying idle since January ... The whole project is closed. Please call the record".
On this ASG said that the decision to make payment was taken by the MTNL board. He also admitted that initially there was some deficiencies on the equipment supplied by Motorola.
"For that the board has decided to make itemised payment to Motorolla ... Yes dismissed payment to Motorola was released in his tenure as Director, Finance, but on board's order only," contended Tripathi submitting the minutes of the concerned board meeting before the High Court.
The bench also directed MTNL chief to submit his all allegations against the magazine Telecom Live by filing an affidavit.
The court has listed the matter on July 8 for next hearing.