LOKESHWAR PRASAD, R.C.LAHOTI
S. N. ENGINIRING WORKS – Appellant
Versus
MAHANAGAR TELEPHONE NIGAM LIMITED – Respondent
( 1 ) THIS order shall govern the disposal of CWPs 4686/95, 4687/95 and 4601/95. All the three petitions raising common questions of fact and law in the background of similar events were heard analogously.
( 2 ) IN C. W. P. No. 4686/95 M/s. S. N. Engineering Works, petitioner No. 1, is the sole proprietary firm of Shri Harish Kumar Bagchi, petitioner No. 2. The petitioner is on the approved list of contractors of Mahanagar Telephone Nigarn Ltd (hereafter MTNL, for short) from 1988 onwards. It has been getting annual rate contracts ever since 1988 in respect of the works of trenching and laying cables etc. The petitioner s elder brother - Shri M. K. Bagchi, is serving as Junior Telecom Officer in MTNL. On promotion he becomes Sub- Divisional Officer ( Training Co-ordination ). In all the tenders for the years from 1988 to 1991 the petitioner had made a mention of the fact of his brother working as Junior Telecom officer in MTNL. In subsequent years, from 1991 onwards also, the petitioner had declared that his elder brother was holding the post of Assistant Engineer (SDO, Training Co-ordination) in the MTNL, as the petitioner s brother was promoted from the post of J
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