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38. Further, the statements of LW-33 (Shri.Misha Bajpal) and the statement of LW-34 (Shri.Mohan Lal Sindhi) disclose that immediately after A3 assumed office at Minister of Communication and Information Technology, his residential telephone connection has been converted into Service Category. He had been enjoying ISDN facility as a private individual. His personal phone connection bearing No.2819696 had been converted into service category with ISDN facility and brand band facility. They are not part of allowance provided to the Member of Parliament or Minister. However, A1 on the request of A4, the Additional Personal Secretary to A3 and oral instruction of A3 had converted the residential phone with ISDN brand band facility under service category resultant, A-3 had enjoyed additional facility free of cost without entitlement.

40. A4, who was working as a Personal Secretary to A3 on Deputation from State Government had converted his personal BSNL land line connection No.23766464 with brand band facility into Service Category. The order has been passed by A1. A4 had played a pivotal role in the conversion of the Private Category into Service category, without the approval of DoT, in connivance with A1 and had retained ISDN facility, which is not provided for service category line.

41. In the discharge petition, this petitioner [A-4] claims that he bonafidely believed that RSTC (Residential Service Telephone Connection) facility provided to him is well within the ambit of Official Memorandum issued by the Ministry of Finance, Department of Expenditure dated 07.06.1985. This Official Memorandum only speaks about the entitlement of service telephone facility to the Additional Private Secretary of the Minister. When there is a specific restriction in respect of the facilities like ISDN and broadband, which is not provided free of cost, it is the evident from the material collected during the course of investigation that along with the Minister, the Additional Private Secretary has also enjoyed telephone connections with ISDN and BroadBand under Service Category, excessively without legal entitlement.

I further wish to state that similarly the following lines were provided at the Boat Club Residence of the Hon'ble MOS & IT.

S.No. Telephone numbers Type Period

1. 24372211 ISDN BRA 09.12.2006 to 20.08.2007

2. 24372212 ISDN BRA

-do-

3. 24372213 ISDN BRA

-do-

4. 24372222 DEL Analog

-do-

5. 24372233 DEL Analog

-do-

6. 24372244 ISDN BRA

-do-

7. 24372245 ISDN BRA

-do-

8. 24372246 ISDN BRA

-do-

9. 24372255 ISDN BRA

-do-

10. 24372256 ISDN BRA

-do-

11. 24372257 ISDN BRA

-do-

24372266 ISDN BRA

-do-

13. 24372267 ISDN BRA

-do-

14. 24372268 ISDN BRA

-do-

15. 24372277 ISDN BRA

-do-

16. 24372278 ISDN BRA

-do-

17. 24372279 ISDN BRA

-do-

18. 24372288 ISDN BRA

-do-

19. 24372289 ISDN BRA

-do-

20. 24372290 ISDN BRA

-do-

21. 24372299 ISDN BRA

-do-

22. 24372300 ISDN BRA

-do-

23. 24372301 ISDN BRA

-do-

24371500 ISDN PRA (from 24371500 to 24371799-300 lines)

-do-

Besides, these high end connections, 04 leased lines circuits and 19 post paid mobiles were also provided to Sh.Dayanidhi Maran. All these facilities were provided under service category and no bills were raised.