FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005To, Shri Surjan Pal, OS & Director DECS, First Appellate Authority, DRDO RTI Cell, Room No. 240/B, DRDO Bhawan, Rajaji Marg New Delhi-110011
Subject: First Appeal under Section 19(1) of RTI Act 2005
Reference: Letter No. DMS/0369/RTI/101/41/Letter_2013 dated 26 August 2013 issued by PIO, DMSRDE, Kanpur
I am distressed by above referred decision of Public Information Officer, DMSRDE , Kanpur. I hereby submit this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.
1. Details of appellant:-
|Name||Prabhu Dayal Dandriyal|
|Address||21-Sunderwala, Raipur, Dehradun-248008|
2. Details of Public Information Officer (PIO):-
|Name &Rank||Shri Sarvesh Kumar , Scientist ‘F ‘|
3. Particulars of Decision/Order of PIO against which appeal:-
Decision vide letter No. DMS/0369/RTI/101/41/Letter_2013 dated 26 August 2013. Copy enclosed as Enclosure -1.
4. Brief facts leading to appeal:-
(a) An application under Section 6(1) of RTI Act 2005 dated 25 July 2013 was submitted to PIO, DMSRDE, Kanpur for providing information regarding Book Procurement at Technical Library, DMSRDE, Kanpur. Copy of the RTI application dated 25 July 2013 is enclosed as Enclosure-2.
(b) Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/101/41/Letter_2013 dated 26 August 2013 although it was clearly mentioned as Note in RTI application that required information is directly related to the corruption and not come under Schedule-II.
(c) PIO, DMSRDE, Kanpur rejected the RTI application dated 25 July 2013 on invalid, illegal, ultra vires & false reasons with mala-fide intentions to linger on the process of seeking information with an ulterior motive under direction of Director, DMSRDE, Kanpur (The Public Authority). This act of PIO, DMSRDE , Kanpur attracts action on PIO u/s 20 of RTI Act 2005.
(d) Appellant is intensely upset by the decision of PIO, DMSRDE, Kanpur and this leads to appellant to file an appeal u/s 19(1) of RTI Act 2005.
- 5. Reasons/Grounds for First Appeal:-
First Appeal is submitted to First Appellate Authority on following reasons/grounds.
(a) Under the provisions of section 24(1) of RTI Act 2005 the organisation notified under II Schedule of the Act are exempted from the information except when the information pertained allegations of corruption and human rights violations only.
(b) Appellant submitted an application dated 25 July 2013 under section 6(1) of RTI Act 2005 to PIO, DMSRDE, Kanpur for providing information as mentioned in application dated 25 July 2013 enclosed as Enclosure 2 to this FA.
(c) Information was denied by PIO, DMSRDE, Kanpur on the ground that “DRDO is placed in Second Schedule of RTI Act, 2005 and is exempted from disclosure of Information under Section 24(1) except for information pertaining to the allegations of Corruptions and Human Rights Violations“.
(d) The information sought by the appellant vide his application dated 25 July 2013 does not comes u/s 24(1) of the Act as per consistent views and decisions of Central Information Commission in various cases regarding organisation notified in Schedule II like DRDO.
(e) Information was denied on false and illegal grounds with mala fide intentions to harass the appellant from getting the information.
(f) PIO is not aware of recent views and decisions of CIC regarding DRDO(notified organisation under Schedule II), thereby he misused section 24(1) of the Act for denial of Information.
(g) Appellant is deeply distressed by invalid decision of PIO, DMSRDE, Kanpur, hence the First Appeal u/s 19(1) of RTI Act 2005 before FAA.
6. Prayer /relief sought for:-
Information sought vide RTI Application dated 25 July 2013 by appellant has been denied on false and invalid reasons by PIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to PIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 25 July 2013.
7. Grounds for prayer/relief sought for:-
1. CIC decisions on notified organisations under Schedule II of RTI Act 2005 like DRDO
(i) CIC in its various decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
(ii) CIC in its various decisions clarified that the exemption u/s 24(1) for DRDO (notified organisation under Schedule II) is only for Scientific/Technical/Strategic/national security information and not for the information of General nature/Estt. Matters/ Routine Correspondence/ all other information for which exemptions u/s 24(1) are not allowed.
(iii) These decisions of CIC are binding on all notified organisation under Schedule II, as these decisions of CIC has not been challenged till date in any court.
(iv) In this regard following decisions of CIC are listed for your kind information and consideration.
- CIC/LS/A/2012/002612 dated 22.03.2013 (Dr. Neelam Bhalla Vs DRDO)
- CIC/LS/A/2009/001073 dated 17.2.2010 (Navin Praksh Gupta Vs DRDO)
- CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
- CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
- CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
- CIC/LS/A/2010/001277 dated 2.3.2010 (Ram Manohar Singh Vs. DRDO)
- CIC/LS/A/2012/002599 & CIC/LS/A/2012/002146 dated 01.11.2012 (Virender Kumar Vs DRDO)
- CIC/LS/C/2012/001204 dated 9.8.2012 (Rajiv Chauhan Vs DRDO)
- CIC/SM/A/2009/001014/LS dated 09.11.2009 (Navin Prakash Gupta Vs DRDO)
- CIC/LS/A/2009/001073 dated 17 Feb 2010 (Navin Prakash Gupta Vs DRDO)
- CIC/SM/C/2009/00794, CIC/LS/A/2010/00015, CIC/LS/C/2010/000076 dated 18 June 2010 (Navin Prakash Gupta Vs DRDO)
(v) In these decisions CIC decided that “Immunity granted u/s 24(1) is only for scientific & strategic Information only. All other information should be provided by all organisation notified under second schedule of the Act“.
- Subject/nature of information sought is related to procurement of books in Library. This information is pertaining to Estt. Matter and it has been decided by PIO, DMSRDE that the information sought is not exempted then PIO should provide complete information as sought in application dated 25 July 2013 but PIO did not provided complete information rather it appears that he concealed the information so that corruption in procurement of books could not be exposed.
3. Information sought is related to Estt. Matter & procurement of books. Information related to purchase of books & periodicals has been allowed by CIC in various cases like case No. CIC/LS/A/2012/001219 dated 9.8.2012 Rajiv Chauhan Vs DRDO, even after the fact “DRDO is notified organisation under Schedule II”.
4. Information sought is also related to allegations of corruption as already mentioned in RTI application dated 25 July 2013 and having angle of vigilance as per CVC Act. Under the provisions of Section 24(1) of the Act, the information should be pertaining to allegations of corruption only. No evidences or proofs of corruption are required for seeking information related to corruption as per RTI Act 2005. Instead the onus is on PIO to establish that information sought is not having vigilance angle and pertaining to allegation of corruption. It is quite evident from the reply of PIO that corruption was made in procurement of books by misusing the DRDO Rules for Purchase.
- In reply dated 26 Aug 2013 at point (4), PIO informed “Protected Govt. Documents” for Supply orders of books. Purchase related any document from indent to supply order & bills etc are not protected documents as claimed by PIO. As per various CIC decisions the purchase related files were allowed for inspection of records and all information related to purchase were allowed as purchase have angle of corruption. These were denied so that the corruption in procurement of books could not come out as it will discloses the discount percentage provided by suppliers in two different financial years. In fact in the FY 2010-2011 the maximum discount offered was 35% while in 2012-2013 the discount offered was 10%. This establish that 25% of total purchase i.e. Rs. 366952.00 was taken as commission by the concerned officers & authorities responsible for purchase of books on low discount.
|SN||Year||Fund Exp.||Mode of procurement||Rules applied||Director|
|1.||2009-10||NIL||–||–||Dr KUB Rao|
|3.||2011-12||NIL||–||–||Dr AK Saxena|
|4.||2012-13||Rs. 1467810||No tendering, directly issue supply order||DRDO Lib. Manual,1999||Dr AK Saxena|
- By comparison of data provided by PIO in point(1) of his reply dated 26 August 2013 regarding fund expenditure in various financial years it is crystal clear that corruption took place in FY 2012-2013 where all of sudden books of Rs. 1467810.00 has been procured while in previous years it was “NIL” or very less Rs. 94833.00 only in 2010-11.
- Data in above table indicates that demand of books which was NIL (Zero) in 2009-10 and 2011-12 has increased all of sudden near about to the Rupees 15 Lakh. As compared to purchase of books in FY 2010-11 the hike in 2012-13 is about 15.5 times. This indicates that books were purchased without any need and requirement in 2012-2013 and this amount huge loss to public money. Where the 25% discount on Rs. 1467810.00 i.e. Rs. 366952.00 has gone?
- DRDO is having very old manual issued on 11 January 1999 regarding Management of Library/TIC of DRDO. This manual is called as “DRDO Manual of Procedures for Management of Libraries & Technical Information Centres“. After issuance of Purchase Manual -2006 of DRDO this old Manual became ineffective & obsolete. Most of the DRDO Labs/Estt. are using Purchase Manual for procurement of books, Print Journal and Online E-Journals. DMSRDE is also using PM-2006 from last six years for procurement of books, Print Journal and Online E-Journals as can be verified from records of Technical Library of DMSRDE, Kanpur. All of sudden making purchase of books on the basis of old manual smacks malafide intentions and leads corruption in purchase of books in FY 2012-2013. In fact in year 2012-2013 provisions of DRDO Manual of Procedures for Management of Libraries & Technical Information Centres has not been fully followed. Purchase procedure of DRDO Manual are for small & urgent procurement not for big procurements in tune of lakh or crores.
- 8. Declaration:-
I hereby state that the information and particulars given above are true to the best of my knowledge and belief.Prabhu Dayal Dandriyal 21-Sunderwala, Raipur Dehradun-248008 Landline -0135-2787750, Mobile – 9411114879 Email – firstname.lastname@example.org Website – www.corruptionindrdo.com
Date: 07th September, 2013
(1) Letter from PIO, DMSRDE dated 26 Aug 2013
Kindly provide the following information under RTI Act 2005.
- Fund expenditure for procurement of Scientific & Technical books in Technical Library, DMSRDE for Financial Year
- 2009-2010 ii. 2010-2011 iii. 2012-2013
- 2009-2010 ii. 2010-2011 iii. 2012-2013
- Mode of tendering for procurement of Scientific & Technical books in Technical Library, DMSRDE for Financial Year viz (Single Tender, Limited Tender/Open Tender)
- If mode of tendering in any Financial Year from years 2009-10, 2010-11 and 2012-13 was limited tender then provide the copies of CST(Comparative Statement of prices of books with discount % offered by suppliers) approved by Library Committee and Director for that particular year.
- Copies of supply orders placed for supply of Scientific and Technical books in Technical Library in Financial Year 2010-2011 and 2012-2013.
- Discount offered by various suppliers on procurement of Indian and Foreign books with name of suppliers and discount offered by them, when mode of tendering was Single Tender or Limited Tender.
- Copies of bills submitted by suppliers for getting payment against supply of books in Financial Year 2010-2011 and 2012-2013.
This is relevant to mentioned here that the information sought is related to establishment matters (Purchase) and as such not exempted under section 24(1) of RTI Act.
Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
However the information sought is pertaining to allegations of corruption and as such not exempted under section 24(1) of RTI Act 2005.
Enclosed- Rs 10 Postal order 12F 470729
Regards,Prabhu Dayal Dandriyal 21-Sunderwala, Raipur, Dehradun-248008 Phone – 2787750, Mobile- 9411114879, e-mail id email@example.com , www.corruptionindrdo.com