Prateek Goyal – Saturday, May 26, 2018, 8:12 PM Sakal Times
“According to sources in Army, Dubey was shunted for reporting the security breach to Army Headquarters and CBI”
Pune: In a classic case of harassment of a whistleblower, who had exposed a security breach, the office of an Army officer was sealed on the orders of a high ranking Army official.
Earlier, on March 13, 2018 Sakal Times had carried a report that said the CBI was going to probe a Major General’s role in a security breach at VRDE.
As per the latest development, Lt Colonel NK Dubey found his office at the Ahmednagar-based DRDO’s Vehicle Research & Development Establishment (VRDE) sealed at around 5.30 pm on Tuesday evening. A letter was issued to him half an hour later, stating that Major General Ajay Gupta, Director of VRDE, has transferred him to the National Centre for Automotive Testing.
Despite the ongoing CBI inquiry against Gupta in the security breach matter, he was recently given an extension after completing two years at VRDE through an order issued by Secretary DD R&D and Chairman of DRDO Dr S Christopher on May 18, 2018. Surprisingly, within a two working days of this order, Gupta shunted Dubey out of his office.
According to sources in Army, Dubey was shunted for reporting the security breach to Army Headquarters and CBI. Dubey reported about a 30 minute meeting conducted by Gupta on February 15, 2018 with two foreign nationals and a non-resident Indian, along with officials of a private company, without taking clearance from the Directorate of Vigilance and Security, New Delhi, as is mandatory for DRDO officials.
Earlier, Dubey reported the security lapses at VRDE, including inadequate guard posts, unavailability of QRT vehicle, unavailability of routes to do perimeter patrolling, inadequate boundary lights, etc. to DRDO, after which a letter dated May 22, 2017 was written by Gupta to Army HQ to transfer Dubey. The Army headquarters, however, refused to do so. (Army HQ letter available with Sakal Times)
A source said, “Lt Colonel Dubey have been targeted for exposing corruption and corrupt practices. Previously also, in 2017, Major General Gupta kept him out of office for around two months despite Army HQ refraining him from doing so.” Source added that Gupta had received the letter on June 12 from Army HQ, but he sat on it till August as it was demi-official (person to person). Source said that due to this, Dubey could join back only in August after being informed by Army HQ about the letter. Sealing the office of Dubey and posting him out is an act of revenge against him for being a whistleblower in a number of previous cases against Gupta.
It is significant to note that in 2015, dozens of complaints were reported against Gupta for his deliberate acts and omissions of misconducts under CCS (Conduct) Rules 1964 and under the Army Act, criminal misconduct amounting to corruption under the Prevention of Corruption Act, 1988 and criminal offences under IPC to then defence minister Manohar Parrikar. Gupta, then the Director of Vigilance and Security, DRDO HQ, New Delhi, was removed from his post and transferred to the office of Director General, Aeronmautical Systems, Bengaluru.
When questioned, Gupta said, “He (Dubey) is being relieved because there is an investigation against him for leakage of information which he was holding and gave to an unauthorised person outside the lab. Somebody has asked us to conduct an inquiry. He may influence the investigation and hence, he is being posted out.”
Responding to questions that Gupta sat on the Army HQ’s order overruling his decision to transfer Dubey, Gupta said, “DRDO is not under Army, DRDO is an independent organisation, which runs on the basis of its own rules and regulations. If the Army has posted him here, then there is a particular procedure which has to be followed as per DRDO rules. Even DRDO has written to the Army to post him back, I don’t know why the Army is not posting him back.”
When questioned about the VRDE security breach and complaint to CBI, Gupta replied, “I don’t know what you are talking about. I don’t want to talk further.”
What a joke??
Guptaji compromised National Security, yet his office was not sealed. Rather he was given free hand( by none other than Christopher) to continue with his antinational activities.
He was also given extension without any security clearance (under investigation with CBI and other agencies) which is mandatory.
Oh, I forgot how can Christopher stop Guptaji because then Guptaji will expose the illegal activity of Christopher on the foreign tour in drunk condition with bar girls. May be many more.
I will request Sakal times/ Dandrialji to make public once again the 2015 letter highlighting nefarious activities mentioned against Guptaji and his bosses.
Uski bolted hain
“ULTE CHOR KOTWAL KO DANTE”.
Tabhi to is desh me jo IMANDAR log hain unki aisi halat hai. Kya system hai. IMANDAR ke khilaf Sab gaddar milkar morcha khol dete Hain.
Kya hoga is desh ka.
Modi sarkar ne to aise corrupt aur gaddar logon ki Jamat ikkatha Kar di
Sabd Kam pad jate han jab aisa aanyay dikhta hai but kuch badal nahi sakte kyunki jinke pass power hai wo khud jhoot aur makkari ki duniya basate Hain.
Phirbhi ladai jari rakhenge. Aakhir is aanyay ka anth hoga
Samay lagega par all the best wishes to Dandrialji aur aise log jinhone bida uthaya hai.
Maj Gen Gupta has committed the offences under the following:-
1. Initiating False Absent report against Security Officer
— IPC Section 182 (false information with intent to cause public servant to use his
lawful power to the injury of other person).
— IPC Section 192 (fabricating false evidence).
— IPC Section 203 (giving false info regarding an offence committed).
— IPC Section 499 (Defamation)
— Army Act Section 56 (False Accusations).
— Army Act Section 45 (Unbecoming Conduct).
— Army Act Section 47 (Ill-treating a subordinate).
— Army Act Section 57 (Falsifying official documents and false declarations).
— Section 166 of Indian Penal Code (a public servant who disobeys law with an intent
to cause injury to another)
2. Non-compliance and supression of orders of Higher HQ
— Army Act Section 41 (Disobedience to superior officer/authority).
— Army Act Section 42 (Insubordination & Obstruction).
3. Appointing Security officer (Army HQ instructions) & OIC,DSC against the orders of Higher HQs ( Page No132 of Chapter 13 of Handbook of Instructions of Dir Vig & Sec).
— Army Act Section 41 (Disobedience to superior officer/authority).
— Army Act Section 42 (Insubordination & Obstruction).
— Misuse of Official Position to accrue personal favours.
4. Sealing of the office of Security Officer Twice
— Army Act Section 47 (Ill-treating a subordinate).
— Army Act Section 56 (False Accusations).
5. Security Compromise (meeting Foreigners without clearance)
–THE PREVENTION OF CORRUPTION ACT, 1988
—
6. Sanctioning projects without user requirements worth crores (wastage of taxpayers money)
— THE PREVENTION OF CORRUPTION ACT, 1988 ( specially section 7 and 13 of the PC
Act.
—
I AM ABLE TO HIGHLIGHT ONLY A FEW.
EXPERTS CAN CHIP IN
Misuse of Official Position is also referred as “MALFEASANCE”
Misuse of Official Position meaning:-
Making a decision or performing an act that gives an advantage to the decision-maker, to a person close to him or her, or to a third person. Misuse of official position can take many forms, such as using public resources, abusing trust, etc.
According to the explanatory memorandum to the Anti-Corruption Act, corruptive use of official position presupposes that the official is competent to perform a certain kind of act, but they either omit to perform their duty, go beyond their competence, or use it in breach of the rules of discretion.
You forgot to mention Offence under official secrets act especially under section 4 and 5