Finding prima-facie evidence against Municipal Corporation of Delhi (MCD) Junior Engineer Jagbir Singh, Special CBI Judge Rakesh Syal said the accused being a public servant had abused his official position.
"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 pecuniary advantage without any public interest by not demolishing the unauthorised construction at Uppal Orchid Motel," the court said.
Fixing September 5 for framing of charges in the case, the court 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 IPC and under Section 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 but it was not done.
The CBI was probing the matter on the direction of the high court, which had ordered lodging an FIR against Singh and two others including the Hotel but they were discharged due to lack of evidence.
