Another Feather in your CAP

30^h April 2011

Dear Dr Saraswat Ji Good Morning

Sir, forget the role of DRDO in national defence, the development of mission mode system like Missile Programs, Air-Borne Telemetry Receiving System and other important ones.

Now remember to  give replies to the notices you are receiving day by day by those who have gave their precious youth and enriched the foundation of DRDO. This all has happening due to bluffers surroundings you.  Find the copy of notices enclosed

Thanking you
Regards

Prabhu Dayal Dandriyal
21-Sunderwala, Raipur, Dehradun 248008
Phone – 0135-2787750, Mobile,  9411114879
E-mail id prabhu@dandriyal.com Website –  www.corruptionindrdo.com/

Mr. Bhagwan Barge     M.A., LLB.                   Advocate

Cell No.: 9881750682

—————————————————————————————————————-Office: 16, Mata Chambers, Anandnagar, Old Sangvi, Pune: 411 027.  Phone: 020-27282647.                                                                                                                 —————————————————————————————————————-

NOTICE

To,
Dr. V K Saraswat,
SA to RM and DGR&D,
DRDO, Ministry of Defence,
DRDO Bhavan,
New Delhi – 110 105.

Respected Sir,

Under instructions from my client, Dr. Rohidas Gopinath Taware, (Ex-TO`B`, HEMRL, Pune), R/at:  A–11, Vijayraj Sankul, Near Medipoint Hospital, Aundh-Baner, D.P. Road, Pune–411 007, I hereby, give you the notice as under:-

1. 1. My client was illegally suspended by Dr. Arun Kumar, the DoP on 24.08.2009 and now he has been illegally dismissed from service by Abhinavjeet Ojha, the Dy. DoP on 30.12.2010. From suspension to dismissal, the unauthorized persons from the office of Directorate of Personnel, in furtherance of their common intention to harass my client, have committed an offence under sections 167 and 170 read with 34 of Indian Penal Code.  My client has given a notice to the Secretary, Ministry of Defence under section 197 of Code of Criminal Procedure with its copy to you.

1. 2. My client had sent an ‘Appeal for Justice’ to the Director of Personnel but instead of giving justice, the Directorate of Personnel, illegally suspended and ultimately, illegally dismissed my client. My client has informed you, time and again, about all the illegal acts committed by the unauthorized officers from Directorate of Personnel.

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1. 3. As you are the Director General of DRDO, my client made various appeals to you for looking into the matter personally and for giving justice to him.  You are the Appointing Authority of my client and as per Article 311 of the Constitution; a Civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed.

You are the only Disciplinary Authority of my client. But the officers subordinate to you and who are, not at all, the disciplinary authorities of my client, have suspended and dismissed my client.

Everything has been done to your exclusion. When the disciplinary authority is being excluded from the disciplinary action, it is evidently clear that the CCS (CCA) Rules and Article 311 of the Constitution have been blatantly flouted by these unauthorized officers.

1. 4. Though my client has reported you every injustice done to him, you have neither taken any cognizance of his grievances nor taken any action against the erring officers. With the prior notice to the Secretary, Ministry of Defence, my client has filed a Regular Criminal Complaint No.1198/2011 in the Court of Hon’ble J.M.F.C., Pune under sections 167, 170 and 34 of Indian Penal Code.

1. 5. Hon’ble Court has taken cognizance of my client’s complaint but you did not bother to take any action against the erring officers, in spite of repeated reminders by my client.  It clearly means that you are protecting the accused for their criminal and offensive acts. Your inaction amounts to your tacit consent to the criminal acts of your subordinates. Under section 34 of I.P.C. you are equally liable for the criminal acts of your subordinates committed under sections 167 and 170 of I.P.C.

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1. 6. As the Director General, the ultimate responsibility of this case lies with you. You are responsible for the acts of your subordinates. Though my client has been illegally and brutally dismissed from the service and though he has informed  you  time  and  again,  you  have  remained  silent  and  inactive. You are watching the whole phenomenon as a silent and unattached spectator. My client has been dismissed from the service due to your impotent neutrality.

1. 7. You are directly responsible for the lawlessness in DRDO and for the civil wrongs committed by your subordinates. It is your vicarious liability. My client wants to compensate his harassment, mental agony and actual losses he suffered. My client wants a total compensation of Rs.25, 00,000/- (Rupees Twenty Five Lac only) from you. You can be prosecuted under sections 167, 170 read with 34 of I.P.C.

You are advised to revoke the illegal penalty orders issued by your subordinates immediately and to arrange to join my client in the service of HEMRL, DRDO.  Your DoP had issued suspension order of my client by fax. You should, now, issue joining order of my client by fax. If you fail to issue joining order of my client within 10 days from the receipt of this notice, my client will have to initiate Civil as well as Criminal action against you.

This is the notice.
Place: Pune
Date: 27.04.2011

Client                                                                        Advocate
Dr. R.G. Taware                                                     (Mr. B.R. Barge)

Copy to:
Shri A K Antony
Raksha Mantri (Defence Minister), Govt. of India,

104, South Block, New Delhi- 110 105.

Mr. Bhagwan Barge                                                                                             M.A., LLB.                                                                                                   Advocate                                                                                          Cell No.: 9881750682

—————————————————————————————————————-Office: 16, Mata Chambers, Anandnagar, Old Sangvi, Pune: 411 027.  Phone: 020-27282647.                                                                                                                 —————————————————————————————————————-

NOTICE

(Under section 80 of Code of Civil Procedure and

Section 197 of Code of Criminal Procedure)

To,
The Secretary,
Ministry of Defence,
Govt. of India,
South Block,
New Delhi – 110 105.

Respected Sir,

Under instructions from my client, Dr. Rohidas Gopinath Taware, (Ex-TO`B`, HEMRL, Pune), R/at:  A–11, Vijayraj Sankul, Near Medipoint Hospital, Aundh-Baner, D.P. Road, Pune–411007, I hereby, give you the notice as under:-

1. 1. My client was working in High Energy Materials Research Laboratory (HEMRL), Pune  as a Technical Officer ‘B’. He was a Gazetted Group ‘A’ Officer   and his Disciplinary Authority was DGR&D. Though he had a spotlessly clean service record of 25 years, he had been illegally suspended by Dr. Arun Kumar, the DoP and further illegally dismissed by one Abhinavjeet Ojha, the Dy. DoP. These two and other four officers from Directorate of Personnel harassed my client in their own style.

1. 2. Time and again, my client had sought justice to the DGR&D against these accused but the DGR&D didn’t pay any attention to the grievances of my client and remained inactive. My client has suffered a lot due to the inaction of the DGR&D.

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1. 3. Ultimate responsibility of lawlessness in DRDO lies with the DGR&D. It is his vicarious liability also. My client wants to file a civil suit for compensation of Rs. 25, 00,000/- (Rs. Twenty Five Lac only) against him.

1. 4. Dr. Arun Kumar the DoP and his five colleagues have committed offence under section 167 and 170 read with 34 of I.P.C. Now my client wants to prosecute Dr. V K Saraswat, the DGR&D for his tacit consent and consequent involvement in the offence.

1. 5. My client has sent a notice to Dr. V K Saraswat, the DGR&D on 27.04.2011. The text of that notice is appended herewith, which may be read as a part of this notice.

This is the notice.

Place: Pune
Date: 27.04.2011                                                          Advocate
(Mr. B.R. Barge)

Client

Dr. R.G. Taware

Mr. Bhagwan Barge M.A., LLB.                                           Advocate                            Cell No.: 9881750682

—————————————————————————————————————-Office: 16, Mata Chambers, Anandnagar, Old Sangvi, Pune: 411027.  Phone: 020-27282647.                                                                                                                 —————————————————————————————————————-

NOTICE

(Under Section 197of Code of Criminal Procedure)

To,
The Secretary,
Raksha Mantri,
Ministry of Defence,
Govt. of India,
South Block,
New Delhi – 110105.

Respected Sir,

Under instructions from my client, Dr. Rohidas Gopinath Taware, R/at: A–11, Vijayraj Sankul, Near Medipoint Hospital, D.P. Road, Aundh,  Pune–411007, I hereby, give you the notice as under:-

My client was working as Technical Officer ‘B’ in High Energy Materials Research Laboratory (HEMRL), Pune – 411021. He was a Gazetted Group ‘A’ Officer and his Disciplinary Authority was Director General Research and Development (DGR&D), DRDO.

My client has a spotlessly clean record of 25 years’ service in HEMRL, DRDO. Still the officers of Directorate of Personnel have illegally suspended and dismissed him.

1. 1. Dr. Arun Kumar, the Director of Personnel, without having any authority suspended my client under Rule 10 (1) of CCS (CCA) Rules, 1965 on 24.08.2009. Only DGR&D can issue such order. Dr. Arun Kumar very well knows that he is not a Disciplinary Authority of my client or is not specially empowered by the President in that behalf.

He has admitted the fact in his deposition before Inquiry Officer on 08.06.2010. He knew and believed it to be incorrect to sign the suspension order of my client. Still with the sole intention of causing injury to my client he has signed the suspension order of my client.

He has pretended to hold an Authority to suspend my client and in such assumed character he has suspended my client.

1. 2. V P Pande, the Associate Director of Personnel has issued Memorandum under Rule 14 of CCS (CCA) Rules, 1965 on 03.09.2009 and issued order for appointment of Inquiry Officer. Only DGR&D can issue such order.
2. 3. I B Arora, the Joint Director of Personnel issued order for grant of subsistence allowance to my client on 19.11.2009. By Rule, only DGR&D can issue such order.
3. 4. B B Sharma, the Joint Director of Personnel issued Memorandum under Rule 14 of CCS (CCA) Rules, 1965 to my client on 07.10.2009. he issued appointment order of Inquiry Officer and Presenting Officer on 25.11.2009. By Rule, only DGR&D can issue such orders.
4. 5. S B Yadav, the Deputy Director of Personnel issued Penalty Order to my client under Rule 11(ii) of CCS (CCA) Rules, 1965 on 08.12.2010. Only DGR&D can issue such order.
5. 6. Abhinavjeet Ojha, the Deputy Director of Personnel issued Penalty (Dismissal) Order under Rule 11(ix) of CCS (CCA) Rules, 1965 on 30.12.2010. Only DGR&D can issue such order.

When Dr. Arun Kumar, the Director himself specifically admits that he is not a Disciplinary Authority of my client, no question of Associate Director, Deputy Director or Joint Director having any disciplinary authority over my client arises at all.

Moreover there are no such posts as Associate Director, Deputy Director, joint Director, Assistant Director or Additional Director in DRDO. No Gazette Notification to that effect is available in DRDO. It has been admitted by Central Public Information Officer (CPIO) in his letter No. DIITM/02/2091/P/2010 dated 20.05.2010.

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Thus the Director and all these so-called Associate, Deputy and Joint Directors from the Directorate of Personnel have committed offence under Sections 167 and 170 read with 34 of Indian Penal Code. They have committed the offence in the discharge of their official duties. The only intention of these officers was to cause injury to my client. They have jointly done it in furtherance of their common intention to cause injury to my client. All these officers are from the same office i.e. Directorate of Personnel, DRDO.

All these officers have used DGR&D’s exclusive powers to the exclusion of DGR&D himself.

My client wants to prosecute all these accused. You are requested to give your sanction to prosecute them, within 30 days from the receipt of this notice. If you fail to reply, it will be presumed that you have given your sanction and prosecution will be instituted.

This is the notice.
Place: Pune
Date: 12.02.2011                                                           Advocate

(Mr. B.R. Barge)

Client
Dr. R.G. Taware
Copy to,

The DGR&D,
DRDO, Ministry of Defence,
DRDO Bhavan,
New Delhi – 110105.