MCD official sentenced to 3 yrs jail in graft case
9 April 2013 6:28 AM IST
An MCD official has been sentenced to three years in jail by a Delhi court for conspiring and abusing his official position to facilitate two builders in raising unauthorised construction in 2002.
Besides Rakesh Chand Jain, who was then working as MCD Assistant Engineer in Shahdara zone, district judge P S Teji also sentenced Devender Pal Sachdeva and Ashok Yadav, the owners and builders of the property where unauthorised construction was carried out, to three years in jail.
While convicting Jain, the court said he had prepared an incorrect report in official file to the effect that he had carried out demolition on the property where unauthorised construction was done but it was proved that no demolition had taken place.
'The prosecution has further established that accused Jain while posted as assistant engineer had not taken any demolition action on the unauthorised construction over the property in question and thus abused his official position as a public servant thereby facilitating his coaccused persons Sachdeva and Yadav in raising unauthorised construction and causing pecuniary advantage to them,' it said.
According to the CBI, the Delhi high court in 2006 had passed an order in a case against the engineers and officials of MCD on unauthorised construction and the probe agency was directed to investigate their nexus with the engineering department, builders as well as politicians.
The CBI had registered the case against Jain and others in August, 2007 and had alleged that despite knowing that unauthorised construction was going on over a plot in Dilshad Colony area in July 2002, Jain had not taken requisite action.
CBI had also said being the AE of the area, it was Jain's duty to demolish the property after it was being booked by another official, but in order to facilitate his coaccused builders, he had intentionally not taken any action against the said property. Jain had made false entry in December 2004 in the record that the unauthorised construction over the property has been demolished by them, the CBI said, adding the construction was in violation of sanctioned building plan.
The builders had built shops over the residential plot and there was no sanction for any commercial activities to be carried out there, it had said.
After completing the construction work, the flats/shops built over it were sold to different persons, it said.
The court convicted the trio for offences under sections 218 (public servant framing incorrect record or writing with intent to save person from punishment) and 120-B (criminal conspiracy) of the IPC.
Jain was also held guilty for the offences under the provisions of the Prevention of Corruption Act.
The three accused had denied all the charges levelled against them and had sought leniency in sentencing on the ground that they have to support their families.
Besides Rakesh Chand Jain, who was then working as MCD Assistant Engineer in Shahdara zone, district judge P S Teji also sentenced Devender Pal Sachdeva and Ashok Yadav, the owners and builders of the property where unauthorised construction was carried out, to three years in jail.
While convicting Jain, the court said he had prepared an incorrect report in official file to the effect that he had carried out demolition on the property where unauthorised construction was done but it was proved that no demolition had taken place.
'The prosecution has further established that accused Jain while posted as assistant engineer had not taken any demolition action on the unauthorised construction over the property in question and thus abused his official position as a public servant thereby facilitating his coaccused persons Sachdeva and Yadav in raising unauthorised construction and causing pecuniary advantage to them,' it said.
According to the CBI, the Delhi high court in 2006 had passed an order in a case against the engineers and officials of MCD on unauthorised construction and the probe agency was directed to investigate their nexus with the engineering department, builders as well as politicians.
The CBI had registered the case against Jain and others in August, 2007 and had alleged that despite knowing that unauthorised construction was going on over a plot in Dilshad Colony area in July 2002, Jain had not taken requisite action.
CBI had also said being the AE of the area, it was Jain's duty to demolish the property after it was being booked by another official, but in order to facilitate his coaccused builders, he had intentionally not taken any action against the said property. Jain had made false entry in December 2004 in the record that the unauthorised construction over the property has been demolished by them, the CBI said, adding the construction was in violation of sanctioned building plan.
The builders had built shops over the residential plot and there was no sanction for any commercial activities to be carried out there, it had said.
After completing the construction work, the flats/shops built over it were sold to different persons, it said.
The court convicted the trio for offences under sections 218 (public servant framing incorrect record or writing with intent to save person from punishment) and 120-B (criminal conspiracy) of the IPC.
Jain was also held guilty for the offences under the provisions of the Prevention of Corruption Act.
The three accused had denied all the charges levelled against them and had sought leniency in sentencing on the ground that they have to support their families.
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