TELECOM WATCHDOG Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The instant Writ Petition has been filed by the Petitioner herein which is a society working towards protecting the interests of consumers in the telecom sector, seeking for a direction to the Central Bureau of Investigation (hereinafter referred to as 'the CBI') to investigate a complaint dtd. 11/3/2016 which has been sent by the Petitioner herein to the CBI alleging criminal conspiracy between some officials of Bharat Sanchar Nigam Ltd (hereinafter referred to as 'the BSNL') and Chinese vendor M/S ZTE Telecom Ltd. in relation to a tender invited by the BSNL for Planning, Engineering, Supply, Installation, Testing, Commissioning and Annual Maintenance of 14.37 Million Lines for Phase-VII Expansion of GSM/UMTS Based Cellular Mobile Network in North, East and South Zones.

(2.) The gist of the allegation levelled by the Petitioner is that in October, 2011 BSNL invited tenders for 14.37 million GSM mobile telephone lines on turnkey basis for three zones, i.e. North, East and South Zones. The scope of the tender included planning, engineering, supply, installation, testing, commissioning and annual maintenance of these lines. It is alleged that the BSNL in its tender has prescribed eight milestones for releasing payment according to which only 50% payment was payable up to delivery stage, i.e. Milestones 1 to 3, and the balance payment was to be released in a phase wise manner in different stages on commissioning as per Milestones 4 to 8. The Petitioner has given a table delineating the milestones and the same is reproduced as under : <IMG>JUDGEMENT_67_LAWS(DLH)2_2023_1.jpg</IMG>

(3.) It is stated by the Petitioner that in the pre-bid stage various queries had been raised by the prospective bidder regarding the quantum of payment that could be released. The Petitioner herein has made a specific allegation that query No.1846 was for a clarification as to how the milestone payments against the surplus material handed over to BSNL shall be paid to the Vendor, for which a specific answer was received from the BSNL that the payment milestones shall be governed by purchase order conditions.