The Army has charged Lt Gen P K Rath with granting NOC to a private realtor with an "intent to defraud" even as his counsel has said the Court of Inquiry did not talk about any such intent during its probe in the Rs 300 crore Sukna land scam case.

In the ongoing Summary of Evidence proceedings in the case, seven 'tentative charges' have been slapped against the former 33 Corps Commander, which can draw a maximum punishment of 10 years of imprisonment, Army sources said here today.

Reacting to the defraud charges against his client, Rath's counsel Ajit K Singh said, "there is a complete disconnect between the Court of Inquiry (COI) and the charges being levelled in the Summary of Evidence against my client as the probe didn't at all talk about any intent of defraud by Lt Gen Rath."

The defraud charges against Rath have been framed under the Section 52 of the Army Act, under which the guilty personnel are liable to face a maximum sentence of 10 years imprisonment.

Rath is also charged with taking the decision to sign the MoU and granting NOC "improperly and without authority" and without "due and proper" examination of security concerns of the Army installations at the Sukna military station, sources said.

He is also accused of not informing the Eastern Command headquarters about 33 Corps' decision to grant NOC to the private builders for constructing educational institutes next to the Military Station in Sukna. .

Rath's alleged directions to Lt Gen Ramesh Halgali (then Maj Gen), sources said, to modify or delete the clauses favourable to the Army in the MoU with realtors are considered by the Army to have been done with the intent of giving "undue advantage to the four private (realty) companies".

The Summary of Evidence proceedings started at Army's Eastern Command headquarters in Kolkata Friday last week, where statements of witnesses are being recorded and only tentative charges would be levelled against the accused officer.

After completion of this stage, Court Martial proceedings would be initiated against Rath and final charges would be framed against him, the sources said.

Rath and former Military Secretary Lt Gen Avadesh Prakash have been indicted for their roles in issuing NOCs to private realtors for constructing an educational institute at a 70 acre piece of land adjacent to the Sukna Military Station.