dated February 27, 2008 and February 3, 2010 between Transport Department and M/s ESP India (for implementation of automated vehicle inspection unit and other works) were based on the conditions approved by the Cabinet of GNCTD (Government of National Capital Territory of Delhi).
"It was the primary duty of the Transport Department and M/s ESP India to follow the same but was in vain and undue favour was given by the Transport Department to M/s ESP India who cheated the public by taking the extra fees without conducting the loaded emission test," the ACB had said.
The ACB's report also said during the course of inquiry "no verbal or documentary evidence came on file" regarding the allegations raised by the petitioner against Sheila Dikshit and former Transport Minister Arvinder Singh Lovely.
"Therefore, the allegations against Sheila Dikshit and Arvinder Singh could not be substantiated," it had said, adding the role of the transport officials and M/s ESP India
is being further probed.
Garg, however, submitted in the court today that "as per a Supreme Court judgement, the ACB is bound to register the FIR in terms of his complaint and against all those named in his complaint."
The complainant had sought the court's direction to lodge an FIR against Dikshit, Lovely, Verma and the owner of ESPIndia allegedly for cheating, criminal breach of trust by public servant, criminal conspiracy under the Indian Penal while also alleging that the company "is not having adequate and qualified engineers, keeping lives of innocent citizen at high risk and is also causing massive accidents.