Special CBI judge Pradeep Chaddah said a prima facie case exists against the accused persons.
A Delhi court today decided to frame charges against seven persons, including four MCD officials and a firm for their alleged roles in the Commonwealth Games (CWG) street lightning scam, on February 27, saying it has found prima facie evidence against them.
Special CBI judge Pradeep Chaddah said a prima facie case exists against the accused persons and "let the charges be framed accordingly".
The persons who face the charges in the scam are MCD Superintendent Engineer DK Sugan, Executive Engineer OP Mahala, Accountant Raju V and civic body's tender clerk Gurcharan Singh besides Director JP Singh and Managing Director TP Singh of private firm Sweska Powertech Engineers Pvt Ltd, who were allegedly illegally favoured in the award of street lighting contract.
Another accused Mehul Karnik, an employee of Philips India Pvt Ltd, has, however, been discharged.
The CBI had booked then under section 120-B (criminal conspiracy), 420 (cheating), forgery under IPC and various provisions of the Prevention of Corruption Act.
The street lightning scam is one of the ten CWG-related scams being probed by the CBI.
The agency had in its charge sheet alleged that in view of the 2010 Commonwealth Games in Delhi, the MCD had decided to upgrade street lightening to international standard.
As per the CBI charge sheet, tenders were invited by the civic agency in 2008 and five companies, including Sweska Powertech applied for it, while the MCD commissioner approved of only three companies.
After opening of the tender and announcing of the rates by accused Sugan, certain cuttings and interpolations in the tender papers of Sweska were made and amount quoted by it was increased, said the CBI in its charge sheet adding that this led to a wrongful loss of Rs1,42,83,000 to the government and corresponding wrongful gain to the accused persons.
Terming MCD Superintending Engineer Sugan, the senior-most official, as the "kigpin" of the conspiracy, the court said tenders were opened in his office on May 14, 2008 and he allowed fudging of Sweska's tender papers.
Accused Gurcharan also neglected his duty to make entries in the register immediately at the opening of the tenders and the announcement of the rates, leaving room for later manipulations.
"Had he noted rates announced by Sugan, it would have become very difficult to change the rates later in the bid document," the court said, adding accused Mahla signed the fudged documents and would not have remained a silent spectator without promise of his share in the booty."
It also said accused Raju, who was to find out any overwriting in the tender documents, passed Sweska's bid as clear.
The court also said Sweska and its promoters TP Singh and JP Singh have been rightly arrayed as accused as tender was submitted by their company and the owner of a private company are the direct beneficiaries of any gain made by it.
It, however, discharged Philips India officer Mehul Karnik, who the CBI said was present in the same room when the tenders were being opened, as it noted that the company initially participated in the tender process but ultimately did not submit the tender.
"He just simply happened to be at the wrong place at the wrong time," the court said.
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