Tribunal found DoT’s conduct ‘inconsistent’, court told

Loop Telecom Limited (LTL), facing trial in a case arising out of the probe into the 2G spectrum scam, on Friday told a special court that the conduct of Department of Telecommunications (DoT) in the matter was found to be ‘inconsistent’ by the telecom appellant tribunal.

In an application filed before the court urging it to take on record the relevant part of DoT's affidavit before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), the firm contended that this document was important for adjudication of the criminal trial pending against them. LTL told the court that the affidavit was filed by the Centre through DoT in response to a petition filed by the firm before the TDSAT seeking refund of entry fees of Rs 1,454 crore paid by it to the department in January 2008.

It said TDSAT had passed a judgement on September 16 last year, but the tribunal declined to go into whether there was any cheating involved in the issue.

“The TDSAT has accepted in its judgement dated September 16, 2015, that the conduct of DoT was inconsistent and has in fact, given a finding that if the accused number 6 (LTL) is convicted in the criminal trial then it would be 'in-pari delicto' (equally culpable or blameworthy) with the DoT. This means it is submitted that the DoT is a primary wrong-doer,” LTL said in plea filed before Special CBI Judge OP Saini.