Judgment ( 1. ) THE spinal issue that has spiralled to this Court under Article 226 of the Constitution of India is whether the Bharat Sanchar Nigam Limited (for short bsnl) had acted in conformity with the rules, circulars and guidelines while calling for lenders and further a significant issue whether the effect and impact of the action should be lightly brushed aside or to be dealt with an iron hand as there had been allegations of interpolation administrative scam to favour a group of contractors who worked for the BSNL. ( 2. ) WE must say at the very outset that when the order passed by the learned Single Judge was called in question before us, there was attack touching the height of the Mount Everest that the BSNL had not preferred any appeal and, therefore, should be silenced at the very beginning and not he allowed to put forth its arguments or points. When the heal was able to create volcanic eruption slowly the coolness of the sea abound prevailed and eventually this Court passed the following order on 5-12-2002 ; " (i) The appellant as well as the respondent Nos. 9 to 11 shall execute the agreements at the rate stated by them, i. e. , 50% less than the rate fixed in the earlier agreement on 10th December, 2002. It is hereby made clear that though the parties would enter into a fresh agreement further security deposit shall not be insisted upon them. The period of agreement shall be proportionately extended. (ii) They shall commence the work from 15-12-2002. The work shall be supervised as conceded to by Mr. Rohit Arya and Mr. Jamuna Prasad, the General Manager, BSNL, Jabalpur, by the Telecom District Manager, Rewa and the telecom District Engineer, Panna. This supervision shall be in addition to the supervision of Telecom District Manager, Satna. (iii) The aforesaid officers from Rewa and Panna shall make a weekly supervision to oversee that the quality of work is not impaired in any manner. (iv) The work shall also be supervised by the Jamuna Prasad, General Manager, BSNL twice in a week. All these officers shall be under obligation to see that quality is not compromised in what matter. (v) The Chief General Manager, BSNL, Bhopal shall supervise the work on or before 30th December, 2002. (iv) The work shall also be supervised by the Jamuna Prasad, General Manager, BSNL twice in a week. All these officers shall be under obligation to see that quality is not compromised in what matter. (v) The Chief General Manager, BSNL, Bhopal shall supervise the work on or before 30th December, 2002. His main object should be to find out whether the quality control sustains or any compromise is done. (vi) A report shall he submitted by the Chief General Manager, BSNL, Bhopal after obtaining proper data from the General Manager, BSNL, Jabalpur, TDM, Rewa and TDE, Panna. (vii) If later on it is found that there has been compromise with regard to quality of work this Court may consider and direct an enquiry to be conducted by the CBI so that the people involved In any kind of complicity shall lace appropriate legal action. (viii) If the respondents/contractors, as agreed to me Mr. R. P. Agrawal and Mr. Sanjay Agrawal after obtaining instructions from their respective clients that if work is hampered they would apart from facing the criminal investigation also he black listed for three years. (ix) If the appellant and the respondent Nos. 9 to 11 do not execute the agreement or commence the work on the dale fixed, liberty to mention is given to the Counsel for the BSNL. 7. Mr. R. S. Jha, learned Counsel for the respondent No. I has submitted that propriety has been buried by the BSNL in not giving due publicity to the NIT in appropriate newspapers except in the newspaper which is absolutely local. We need not to deal with this aspect. The said issue is kept open. Factum of publication in local newspaper and other-related aspect shall be entered into when we will lake up the hearing on the next occasion. Call on 13lh January, 2003. On that day the officers who are present today shall remain present. The Chief Genera! Manager, BSNL, Bhopal shall also remain present on that day with the report. " ( 3. ) THEREAFTER with the cooperation of the learned Counsel for the parties and officers viz. , Mr. S. L. Sahi, Chief General Manager, Mr. Jamuna Prasad, General Manager, Mr. S. D. Bind, Telecom District Engineer, Satna, Mr. Pradeep Singh, Telecom District Manager and Mr. Rathore, Telecom District Engineer, Pa na, this Court proceeded to monitor the matter. " ( 3. ) THEREAFTER with the cooperation of the learned Counsel for the parties and officers viz. , Mr. S. L. Sahi, Chief General Manager, Mr. Jamuna Prasad, General Manager, Mr. S. D. Bind, Telecom District Engineer, Satna, Mr. Pradeep Singh, Telecom District Manager and Mr. Rathore, Telecom District Engineer, Pa na, this Court proceeded to monitor the matter. On 20-2-2003 this Court passed the following order :- "20-2-2003 Let the matter he listed on 4-3-2003. On that day Mr. N. L. Sahi, Chief General Manager, BSNL, Bhopal; Mr. Jamuna Prasad, General Manager, BSNL, Jabalpur; Mr. S. D. Bind, TDM, BSNL, Satna, Mr. Pradeep Singh, TDM, BSNL, Rewa and Mr. S. S. Rathore, TDK, BSNL, Panna shall remain personally present. " ( 4. ) THEREAFTER the month of March ushered in and on 4th of March, 2003 the following order came to be passed : "4-3-2003 On 20lh February, 2003, this Court had directed Mr. N. L. Sahi, Chief Genera! Manager, BSNL, Bhopal; Mr. Jamuna Prasad, General Manager, BSNL, Jabalpur; Mr. S. D. Bind, TDM, BSNL, Satna, Mr. Pradeecp Singh, TDM, BSNL, Rewa; and Mr. S. S. Rathore, TDE, BSNL, Panna, to remain personally present. All of them arc personally present. Mr. Sahi has submitted a report relating to the work done by the contractor. Let a copy of this report be supplied to the learned Counsel for the appellant as well as to the learned Counsel for the respondent No. 1 - Mr. Kamlendra Singh. Let the matter be listed on 4th April, 2003. Further report shall be submitted by the Chief General Manager, BSNL, Bhopal, on that day. Personal presence, of Mr. N. L. Sahi, Chief General Manager, BSNL, Bhopal, is dispensed with for the present. All others shall remain present on that day. Any modification with regard to the previous order shall be considered on that day. " ( 5. ) ON 21 -8-2003 we passed the following order :- "21-8-2003 Mr. Rohit Arya, learned Senior Counsel appearing for the respondent - BSNL. after obtaining instructions from Jamuna Prasad has submitted that 3-5 kms. work is to be done. Shri Jamuna Prasad is of the view that the work can he completed within a maximum period of three weeks. Mr. R. P. Agrawal, learned Senior Counsel appearing for the contractors submits that it may take some more time to execute the work. after obtaining instructions from Jamuna Prasad has submitted that 3-5 kms. work is to be done. Shri Jamuna Prasad is of the view that the work can he completed within a maximum period of three weeks. Mr. R. P. Agrawal, learned Senior Counsel appearing for the contractors submits that it may take some more time to execute the work. Keeping in view the totality of circumstances we arc inclined to grant some time to the contractors to execute the work. We hope and trust while maintaining quality speed should not be allowed to take the back seat. Speed and quality must have momentum in a progressive manner so that the purpose is achieved. To achieve such a purpose we think that the proper date should be 22-9-2003. call on 22-9-2003. All other directions passed on earlier occasion shall remain in vogue till then. " ( 6. ) IN the meantime, as has been said time is the greatest healer, the BSNL thought it appropriate to withdraw certain orders that had been passed against Mr. Kamlendra Singh. Eventually on 9-3-2004 we listed the matter and passed the following order:- "9-3-2004 On being mentioned this matter was listed for the purpose of rehearing. On a query made what transpired with regard to the withdrawal of the order black listing passed against Kamlendra Singh, Mr. Rohit Arya, learned Senior Counsel appearing for the BSNL fairly staled that order withdrawing the black listing shall be passed latest by 11-3-2004 and a copy thereof shall be sent to said Kamlendra Singh and copy of the same shall also be handed-over to Mr. Anshuman Singh, learned Counsel, who is a assisting Mr. R. S. Jha, learned Counsel appearing for Kamlendra Singh. It is further put forth by Mr. Rohit Arya that as far as tender process which is in vogue as on date has been deferred and, therefore, there would be no impediment for Kamlendra Singh to participate subject to fulfilling of other conditions. After receiving of the order of withdrawal of black listing said Kamlendra Singh shall withdraw the writ petition where he has challenged the order of black listing. Put up for further hearing on 2-4-2004. C. C. as per rules in course of the day. " ( 7. ) WE have heard Mr. R. P. Agrawal, learned Senior Counsel with Mr. Sanjay Agrawal for the petitioner, Mr. Put up for further hearing on 2-4-2004. C. C. as per rules in course of the day. " ( 7. ) WE have heard Mr. R. P. Agrawal, learned Senior Counsel with Mr. Sanjay Agrawal for the petitioner, Mr. R. S. Jha, learned Senior Counsel for the respondent No. 1 and Mr. Rohit Arya, learned Senior Counsel for the respondent No. 2. ( 8. ) WHEN the matter was taken up today it was thought condign to give a decent burial to this controversy. We have noticed that the learned Single Judge by his order has referred to series of facts and catena of decisions. We need not refer to the same for the simon pure reason that the work has been completed, Mr. Kamlendra Singh has been given a clean chit and has been permitted to bid. However, the matter should not be allowed to rest here as the learned Single Judge has expressed his anguish over the matter in the manner in which the BSNL has conducted itself and imposed costs of Rs. 5,000/- to be paid by the respondent Nos. 1 to 5. We do not intend to sustain the aforesaid cost aspect as during the pendency of the appeal the officers have worked hard to see that the work is properly done. ( 9. ) WE would have parted with the case making the costs easy but we intend to give certain guidelines for the future as Mr, R. S. Jha impressed upon this Court thai the same should be done for subserving the interest of justice in respect of future action. Accordingly we proceed to lay down the postulates : (a) Whenever underground cable work is to be done, rules which arc in force shall be followed in letter and spirit and there should not be any kind of deviation/deviancy. (b) If there is any circular in addition to the rules, the same should be given requisite priority so thai the circular goes hand-in-hand with the rules in question, as a circular supplements the rules and its role should not be marginalised. (c) There should he wide publicity with regard to the work in question keeping in view the quantum, the place and the value of the work. If there is anything in the rules and circulars in this regard, there should be strict compliance with the same. (c) There should he wide publicity with regard to the work in question keeping in view the quantum, the place and the value of the work. If there is anything in the rules and circulars in this regard, there should be strict compliance with the same. (d) Whenever a publication is required to be done, that should he done in accordance with the rules. In addition to the rules to save any kind of future cavil we say that the same should be published in a daily newspaper published from Revenue Divisional Headquarters. (e) There should also he a publication in the National Daily Newspaper. However, it is clarified if there is anything in the rules, that would prevail, so that unnecessary cost is not incurred and also avoided. (f) There should he due publicity through the internet system so that it can be easily made available to the people who are interested to compete. An effort should be made to apprise the contractors who have been regularly working with the BSNL. Such appraisal shall he done by registered post. In addition, it shall he published in two local newspapers which have acceptable circulation. (g) The officers of BSNL should act with caution and care in future so that, these kind of litigations do not travel to the Court. ( 10. ) THE L. P. A. stands disposed of accordingly without any order as to costs. 2004-TLMPH-0-206 , 2004-MPHT-4-275 HIGH COURT OF MADHYA PRADESH Coram : Dipak Misra, A.K. Shrivastava, JJ. Letters Patent Appeal 612 of 2002 Of Apr 02,2004 G.S.Associate Vs Kamlendra Singh ( 1. ) THE spinal issue that has spiralled to this Court under Article 226 of the Constitution of India is whether the Bharat Sanchar Nigam Limited (for short bsnl) had acted in conformity with the rules, circulars and guidelines while calling for lenders and further a significant issue whether the effect and impact of the action should be lightly brushed aside or to be dealt with an iron hand as there had been allegations of interpolation administrative scam to favour a group of contractors who worked for the BSNL. ( 2. ( 2. ) WE must say at the very outset that when the order passed by the learned Single Judge was called in question before us, there was attack touching the height of the Mount Everest that the BSNL had not preferred any appeal and, therefore, should be silenced at the very beginning and not he allowed to put forth its arguments or points. When the heal was able to create volcanic eruption slowly the coolness of the sea abound prevailed and eventually this Court passed the following order on 5-12-2002 ; " (i) The appellant as well as the respondent Nos. 9 to 11 shall execute the agreements at the rate stated by them, i. e. , 50% less than the rate fixed in the earlier agreement on 10th December, 2002. It is hereby made clear that though the parties would enter into a fresh agreement further security deposit shall not be insisted upon them. The period of agreement shall be proportionately extended. (ii) They shall commence the work from 15-12-2002. The work shall be supervised as conceded to by Mr. Rohit Arya and Mr. Jamuna Prasad, the General Manager, BSNL, Jabalpur, by the Telecom District Manager, Rewa and the telecom District Engineer, Panna. This supervision shall be in addition to the supervision of Telecom District Manager, Satna. (iii) The aforesaid officers from Rewa and Panna shall make a weekly supervision to oversee that the quality of work is not impaired in any manner. (iv) The work shall also be supervised by the Jamuna Prasad, General Manager, BSNL twice in a week. All these officers shall be under obligation to see that quality is not compromised in what matter. (v) The Chief General Manager, BSNL, Bhopal shall supervise the work on or before 30th December, 2002. His main object should be to find out whether the quality control sustains or any compromise is done. (vi) A report shall he submitted by the Chief General Manager, BSNL, Bhopal after obtaining proper data from the General Manager, BSNL, Jabalpur, TDM, Rewa and TDE, Panna. (vii) If later on it is found that there has been compromise with regard to quality of work this Court may consider and direct an enquiry to be conducted by the CBI so that the people involved In any kind of complicity shall lace appropriate legal action. (viii) If the respondents/contractors, as agreed to me Mr. (vii) If later on it is found that there has been compromise with regard to quality of work this Court may consider and direct an enquiry to be conducted by the CBI so that the people involved In any kind of complicity shall lace appropriate legal action. (viii) If the respondents/contractors, as agreed to me Mr. R. P. Agrawal and Mr. Sanjay Agrawal after obtaining instructions from their respective clients that if work is hampered they would apart from facing the criminal investigation also he black listed for three years. (ix) If the appellant and the respondent Nos. 9 to 11 do not execute the agreement or commence the work on the dale fixed, liberty to mention is given to the Counsel for the BSNL. 7. Mr. R. S. Jha, learned Counsel for the respondent No. I has submitted that propriety has been buried by the BSNL in not giving due publicity to the NIT in appropriate newspapers except in the newspaper which is absolutely local. We need not to deal with this aspect. The said issue is kept open. Factum of publication in local newspaper and other-related aspect shall be entered into when we will lake up the hearing on the next occasion. Call on 13lh January, 2003. On that day the officers who are present today shall remain present. The Chief Genera! Manager, BSNL, Bhopal shall also remain present on that day with the report. " ( 3. ) THEREAFTER with the cooperation of the learned Counsel for the parties and officers viz. , Mr. S. L. Sahi, Chief General Manager, Mr. Jamuna Prasad, General Manager, Mr. S. D. Bind, Telecom District Engineer, Satna, Mr. Pradeep Singh, Telecom District Manager and Mr. Rathore, Telecom District Engineer, Pa na, this Court proceeded to monitor the matter. On 20-2-2003 this Court passed the following order :- "20-2-2003 Let the matter he listed on 4-3-2003. On that day Mr. N. L. Sahi, Chief General Manager, BSNL, Bhopal; Mr. Jamuna Prasad, General Manager, BSNL, Jabalpur; Mr. S. D. Bind, TDM, BSNL, Satna, Mr. Pradeep Singh, TDM, BSNL, Rewa and Mr. S. S. Rathore, TDK, BSNL, Panna shall remain personally present. " ( 4. ) THEREAFTER the month of March ushered in and on 4th of March, 2003 the following order came to be passed : "4-3-2003 On 20lh February, 2003, this Court had directed Mr. N. L. Sahi, Chief Genera! Pradeep Singh, TDM, BSNL, Rewa and Mr. S. S. Rathore, TDK, BSNL, Panna shall remain personally present. " ( 4. ) THEREAFTER the month of March ushered in and on 4th of March, 2003 the following order came to be passed : "4-3-2003 On 20lh February, 2003, this Court had directed Mr. N. L. Sahi, Chief Genera! Manager, BSNL, Bhopal; Mr. Jamuna Prasad, General Manager, BSNL, Jabalpur; Mr. S. D. Bind, TDM, BSNL, Satna, Mr. Pradeecp Singh, TDM, BSNL, Rewa; and Mr. S. S. Rathore, TDE, BSNL, Panna, to remain personally present. All of them arc personally present. Mr. Sahi has submitted a report relating to the work done by the contractor. Let a copy of this report be supplied to the learned Counsel for the appellant as well as to the learned Counsel for the respondent No. 1 - Mr. Kamlendra Singh. Let the matter be listed on 4th April, 2003. Further report shall be submitted by the Chief General Manager, BSNL, Bhopal, on that day. Personal presence, of Mr. N. L. Sahi, Chief General Manager, BSNL, Bhopal, is dispensed with for the present. All others shall remain present on that day. Any modification with regard to the previous order shall be considered on that day. " ( 5. ) ON 21 -8-2003 we passed the following order :- "21-8-2003 Mr. Rohit Arya, learned Senior Counsel appearing for the respondent - BSNL. after obtaining instructions from Jamuna Prasad has submitted that 3-5 kms. work is to be done. Shri Jamuna Prasad is of the view that the work can he completed within a maximum period of three weeks. Mr. R. P. Agrawal, learned Senior Counsel appearing for the contractors submits that it may take some more time to execute the work. Keeping in view the totality of circumstances we arc inclined to grant some time to the contractors to execute the work. We hope and trust while maintaining quality speed should not be allowed to take the back seat. Speed and quality must have momentum in a progressive manner so that the purpose is achieved. To achieve such a purpose we think that the proper date should be 22-9-2003. call on 22-9-2003. All other directions passed on earlier occasion shall remain in vogue till then. " ( 6. Speed and quality must have momentum in a progressive manner so that the purpose is achieved. To achieve such a purpose we think that the proper date should be 22-9-2003. call on 22-9-2003. All other directions passed on earlier occasion shall remain in vogue till then. " ( 6. ) IN the meantime, as has been said time is the greatest healer, the BSNL thought it appropriate to withdraw certain orders that had been passed against Mr. Kamlendra Singh. Eventually on 9-3-2004 we listed the matter and passed the following order:- "9-3-2004 On being mentioned this matter was listed for the purpose of rehearing. On a query made what transpired with regard to the withdrawal of the order black listing passed against Kamlendra Singh, Mr. Rohit Arya, learned Senior Counsel appearing for the BSNL fairly staled that order withdrawing the black listing shall be passed latest by 11-3-2004 and a copy thereof shall be sent to said Kamlendra Singh and copy of the same shall also be handed-over to Mr. Anshuman Singh, learned Counsel, who is a assisting Mr. R. S. Jha, learned Counsel appearing for Kamlendra Singh. It is further put forth by Mr. Rohit Arya that as far as tender process which is in vogue as on date has been deferred and, therefore, there would be no impediment for Kamlendra Singh to participate subject to fulfilling of other conditions. After receiving of the order of withdrawal of black listing said Kamlendra Singh shall withdraw the writ petition where he has challenged the order of black listing. Put up for further hearing on 2-4-2004. C. C. as per rules in course of the day. " ( 7. ) WE have heard Mr. R. P. Agrawal, learned Senior Counsel with Mr. Sanjay Agrawal for the petitioner, Mr. R. S. Jha, learned Senior Counsel for the respondent No. 1 and Mr. Rohit Arya, learned Senior Counsel for the respondent No. 2. ( 8. ) WHEN the matter was taken up today it was thought condign to give a decent burial to this controversy. We have noticed that the learned Single Judge by his order has referred to series of facts and catena of decisions. We need not refer to the same for the simon pure reason that the work has been completed, Mr. Kamlendra Singh has been given a clean chit and has been permitted to bid. We have noticed that the learned Single Judge by his order has referred to series of facts and catena of decisions. We need not refer to the same for the simon pure reason that the work has been completed, Mr. Kamlendra Singh has been given a clean chit and has been permitted to bid. However, the matter should not be allowed to rest here as the learned Single Judge has expressed his anguish over the matter in the manner in which the BSNL has conducted itself and imposed costs of Rs. 5,000/- to be paid by the respondent Nos. 1 to 5. We do not intend to sustain the aforesaid cost aspect as during the pendency of the appeal the officers have worked hard to see that the work is properly done. ( 9. ) WE would have parted with the case making the costs easy but we intend to give certain guidelines for the future as Mr, R. S. Jha impressed upon this Court thai the same should be done for subserving the interest of justice in respect of future action. Accordingly we proceed to lay down the postulates : (a) Whenever underground cable work is to be done, rules which arc in force shall be followed in letter and spirit and there should not be any kind of deviation/deviancy. (b) If there is any circular in addition to the rules, the same should be given requisite priority so thai the circular goes hand-in-hand with the rules in question, as a circular supplements the rules and its role should not be marginalised. (c) There should he wide publicity with regard to the work in question keeping in view the quantum, the place and the value of the work. If there is anything in the rules and circulars in this regard, there should be strict compliance with the same. (d) Whenever a publication is required to be done, that should he done in accordance with the rules. In addition to the rules to save any kind of future cavil we say that the same should be published in a daily newspaper published from Revenue Divisional Headquarters. (e) There should also he a publication in the National Daily Newspaper. However, it is clarified if there is anything in the rules, that would prevail, so that unnecessary cost is not incurred and also avoided. (e) There should also he a publication in the National Daily Newspaper. However, it is clarified if there is anything in the rules, that would prevail, so that unnecessary cost is not incurred and also avoided. (f) There should he due publicity through the internet system so that it can be easily made available to the people who are interested to compete. An effort should be made to apprise the contractors who have been regularly working with the BSNL. Such appraisal shall he done by registered post. In addition, it shall he published in two local newspapers which have acceptable circulation. (g) The officers of BSNL should act with caution and care in future so that, these kind of litigations do not travel to the Court. ( 10. ) THE L. P. A. stands disposed of accordingly without any order as to costs.