JUDGMENT :

1. As both appeals arose from the same judgment in Special Case 165/2004 they are

taken up together and being disposed with this common judgment.

Heard Mr. D.S. Choudhury, learned counsel for the appellants in Crl. Appeal 313/2014 and Mr. A.K. Das, learned counsel for the appellant in Crl. Appeal 330/2014.

Also heard Mr. S.C. Keyal, learned standing counsel, CBI,

2. During 1995-96 the Department of Telecommunications (‘DoT’), Government of India, decided to provide Optical Fibre Cable (‘OFC’) Communication link on Imphal-Moreh route in the State of Manipur. A survey of the route was conducted; a Project Estimate was prepared and sanctioned. The total route length of the section is 108 kms. which was divided into 27 sub-sections of 4 kms. length each. The tenders were invited and the work was executed through contractors separately for each sub-section. The terms, conditions and specifications of work are mentioned in the tender document. The agreement was executed with the successful contractors. The over-all in-charge of the work was Divisional Engineer (DE) and the Government is represented by him. The Sub-Divisional Engineer represents the Government at the site of work. T