Special CBI Judge Rakesh Syal framed charges of cheating under the Indian Penal Code and misusing official position under the Prevention of Corruption Act against Municipal Corporation of Delhi's Junior Engineer Jagbir Singh.
"The accused by corrupt or illegal means or by abusing his position as a public servant obtained for M/s Uppal Properties Pvt Ltd, a valuable thing or a pecuniary advantage, without any public interest, by not demolishing the unauthorised construction at Uppal Orchid Motel," the court said.
As the accused did not plead guilty and claimed trial, the court fixed September 19 for recording the testimonies of CBI witnesses in the case.
Directing the accused to face trial in the case, the judge said there are grounds for presuming that the accused has committed offences punishable under Section 218 (public servant framing incorrect record to save person from punishment or property from forfeiture) and 417 (cheating) of the Indian Penal Code and sections 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act.
On a complaint filed by Kalyan Sanstha Social Welfare Organisation here, the Delhi High Court in 2006 had issued direction to the authorities to carry out demolition of the un-authorised construction at the hotel.
The errant official, however, did not carry out the demolition and instead "raised demolition charges of Rs 15,750 against Uppal Orchid Motel", the court said.
The CBI was probing the matter on the direction of the high court, which had ordered registration of the FIR against Singh.