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Special CBI Judge Pradeep Chaddah had decided on 24th
February to frame charges against MCD Superintendent Engineer D K
Sugan, Executive Engineer O P Mahala, Accountant Raju V and civic body's
tender clerk Gurcharan Singh.
Besides
them, the court had also decided to frame charges against Director J P
Singh and Managing Director T P Singh of private firm Sweska Powertech
Engineers Pvt Ltd, who were allegedly illegally favoured in the award of
street lighting contract during the games in 2010.
Another
accused Mehul Karnik, an employee of Philips India Pvt Ltd, was,
however, discharged from the case. Except Raju and Karnik, all other
accused are in judicial custody.
While
passing the order on framing of charges, the court had said there was
prima facie evidence to put these six persons on trial for their alleged
roles in the scam case.
The
CBI had charge-sheeted the accused 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, 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 lightning to international standard.
According
to the 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 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 charge sheet adding
that this led to a wrongful loss of Rs 1,42,83,000 to the state
exchequer and corresponding wrongful gain to the accused.
The
court had termed MCD Superintendent Engineer Sugan, the senior-most
official, as the "kingpin" of the conspiracy, and said tenders were
opened in his office on 14th May 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, the court had said.
"Had
he noted rates announced by Sugan, it would have become very difficult
to change the rates later in the bid document," the court had 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 had said accused Raju, who was to detect over writings in the tender documents, cleared Sweska's bid.
The
court had also said Sweska and its promoters T P Singh and J P 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.

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