Category Archives: PMO

Vigilance heat forced BEL to drastically cut tender size for software in IAF’s Rs 7,900-cr IACCS project, but contract went to tainted US firm

Yatish Yadav Jul 11, 2019 12:31:00 IST First Post
New Delhi: After Firstpost expose on glaring irregularities in the civil construction of Indian Air Force’s (IAF) highly sensitive Integrated Air Command and Control System (IACCS) project, a former manager of a defence public sector undertaking and a whistleblower has surfaced alleging corruption in the procurement of software for automated command and control system for air defence operations.

Bharat Electronics Limited (BEL), a defence public sector undertaking is implementing the Rs 7, 900 crore project, which was initiated during the UPA regime.

The former manager of BEL, Bhupesh Sharma in a letter to the Ministry of Defence and the Central Vigilance Commission (CVC) on 29 June 2019 has said that top management of the defence public sector undertaking, quietly buried the findings of a 2016 internal inquiry, which indicted six BEL officers for alleged corruption. Sharma alleged that despite a reminder from the Chief Vigilance Officer (CVO) of the company to the Chairman and Managing Director (CMD) of BEL in April 2018, no punitive action was taken against the accused officers.

Representational image of an air defence system. Reuters

Sharma, then part of the procurement committee, had blown the whistle over alleged manipulation in the procurement of Data Distribution Service (DDS) software to favour an American company. Sharma alleging victimisation said accused officers indicted by vigilance were rewarded by BEL while he was harassed for exposing deep-rooted corruption.
“Even after CVC intervention and reminders by CVO to CMD (Chairman and Managing Director) no action was taken against the erring officers. I was harassed and troubled to the extent that I was forced to resign. Instead of black listing the vendor M/S RTI USA, the order was finally placed on the vendor. The vigilance officer who did the enquiry in this case has also been given punishment posting to a remote unit of BEL. The message given by the top management was clear that anyone who speaks against corruption would be brutally suppressed and those who play along with the persons at the top having vested interests would be rewarded,” Sharma, who claims to have been decorated with innovation award, excellence awards and Raksha Mantri award for IACCS project , wrote to the CVC.

The documents also reveal that efforts were made by BEL officers to conceal the alleged irregularities by removing the files and purchase order. Even the investigators were denied full access to e-mails of concerned purchase department.

A detailed questionnaire sent to the Chief Vigilance Commissioner Sharad Kumar, Ministry of Defence and BEL CMD MV Gowtama remained unanswered.

Unravelling of software scam

Firstpost has reviewed the documents submitted to the Ministry of Defence and the CVC, which clearly shows that the procurement committee had engineered unwarranted specification in the procurement of DDS software to allegedly disqualify one of the two vendors in the race for the contract.

The two companies, M/S RTI, USA and M/S Prismtech, UK represented by M/S Mistral Solutions and M/S RTTS respectively were invited by the BEL for the procurement of DDS software. The vigilance report said procurement team had pre-decided to give the contract to M/S RTI USA and the entire process of real time demonstration to assess feasibility also known as Proof of Concept (PoC) was merely an eyewash.

Although UK Company had quoted value of the project in the range of about Rs 5 to 10 crore, the quote submitted by American company M/S RTI was about Rs 130 crore. However, since, the BEL had decided to grant the project to M/S RTI, USA through its Indian representative M/S Mistral Solutions, BEL officers inserted a particular specification which caught the eye of vigilance team investigating the case.

“Technical expert in his report has stated that there is a lack of clarity in the PoC evaluation process/criteria which leads to ambiguity and conspiracy. Also technical expert has confirmed that there are irregularities and inconsistencies in framing of specifications and conducting PoC. Scope of PoC for the DDS document does not specify any particular method of demonstrating the PoC and it generally highlights the features to be shown in the PoC. Hence the vendor can select any particular method and demonstrate the features. PoC evaluation criteria and the PoC test document is not uniform for all the vendors,” the vigilance report to the CVC said.

System Requirements Specification document signed with the customer by BEL indicates that there are no special specification requirements for the use and configuration of DDS and also the security of the data transferred using DDS. PoC scope does not highlight that the above security implementations should match and confirm to DDS OMG standards. Even though no vendor has a complete implementation of DDS X types still M/S RTI was shown complied during technical bidding regarding para 6.2 of technical specification,” the report further said.

The vigilance report made it clear that specifications mentioned above as ‘para 6.2 technical specs’ were allegedly modified by the procurement committee of BEL to suit American firm. Sharma claims he had opposed such manipulation and turned whistleblower by exposing the wrongdoings in his emails to vigilance and top officials of the BEL.

“I became the whistleblower when ordering of software for the IACCS project was forcibly being ordered on the resultant single tender basis (by manipulating and making the other vendor technically non-complied). I tried my best to stop the ordering by talking to all my seniors in the unit and finally when I was not heard, I wrote to CVO and all the directors of the company including CMD about the corrupt practices being followed in the unit,” Sharma wrote to the CVC.

It is also evident from the vigilance report that the UK firm was deliberately denied security clearance for demonstration though its India representative M/S RTTS was allowed and subsequently disqualified.

“The team (BEL) misinformed M/S Prismtech regarding non-availability of security clearance on 11 May 2016, though a security clearance was taken by Senior Manager DGM (Development & Engineering division of Network Centric System 1) for the period of 9 May-11 May 2016. The contradicting statements of senior executives and D&E engineers in relation to security clearance for M/S Prismtech representative’s leads to suspect that D&E does not want to give the opportunity to M/S Prismtech to demonstrate the features,” the vigilance report said.

Questions have also been raised by the vigilance team over the formation of a technical committee and PoC committee for the procurement. The report observed although the procurement involves a lot of technical parameters related to software and high value of approximately Rs 130 crore, the procurement committee was made with two mechanical engineers, one finance and two electronic engineers. The report slammed BEL further asserting that there were no software professionals in the technical specification team and approval of a procurement team with non-technical members reveals a lax approach of the management as they played a dubious role.

“It appears that D&E engineers (Development & Engineering division) have played a pivotal role in finalizing specifications whereas others merely acted as spectators,” the vigilance report said.

The report has also raised doubt on the assessment process of technical specifications saying that evaluation of features is not the same for both M/S Prismtech and M/S RTI.

It said the PoC which were done by engineers from M/S Mistral Solutions, representative of RTI, USA, did not have relevant past experience to carry out PoC of DDS software and they could not answer anything technically or relevantly. The vigilance team during an interrogation of engineers from Development & Engineering division found that some engineers who were nominated as PoC members were not aware that they were part of an evaluation team.

Some were absent during the assessment, some engineers had relegated the job to their junior executives and no detailed review was done during the conduct of PoC and no senior executives have monitored the progress of PoC though it was such an important activity for the project. The test report of the American firm was also prepared in advance.

“From the test data report of M/S Mistral (representative of M/S RTI USA, it emerges that test data report was pre-prepared by suppliers and merely signed by BEL engineers. During examination of D&E engineers, it is observed that D&E-NCS has started working on evaluation versions of M/S RTI, USA since October 2015 through license agreements. During evaluation many issues came time to time and were resolved. This was probably the reason that PoC with M/S RTI, USA was merely a formality. The PoC conducted by M/S Mistral Solutions has been cleared despite number of irregularities/ inconsistencies,” the vigilance report said exposing the manipulation to favour a particular vendor.

The documents reveal that before the investigators could examine the documents related to alleged corruption, the files were removed by the concerned officers to erase the audit trail.

The vigilance report said, “Documents with respect to change of specifications which is intimated to M/S RTTS (India representative of M/S Prismtech, UK) was not found in the file, not informed to the investigator at any point and the same was concealed by purchase department. There was no documentary proof regarding the intimation of changed specifications to four cases to all the suppliers participated in the bidding. Currently, the purchase requisitions are also deleted in SAP (System Applications and Products) without assigning reasons and Unit Management has not given any reasons till now for the same.”

The vigilance report which was forwarded to the CVC on 24 November 2016, clearly opined that there are procedural violations in the subject case and there appear to be malafide intentions right from the beginning of coming out of consolidated requirements, generating the specifications for this software instead of PP drawings, arriving of PoC conditions, the manner in which PoC was conducted and M/S RTI, USA bid was accepted and M/S Prismtech bid was eliminated.

The vigilance recommended blacklisting of M/S RTI, USA, initiation of disciplinary action against officers involved and including the name of two senior officers in doubtful integrity list.

In defence procurements, the private companies are known to be hiring retired officials to exercise the influence. In this case too, vigilance raised apprehension about alleged manipulation as a former CMD of BEL was on board of Mistral Solutions. The vigilance had recommended a probe by the Central Bureau of Investigation (CBI), however, the matter was never referred to the premier investigative agency.

“It is learnt that M/S RTI’s malafide intention/ involvement with BEL D&E team cannot be underestimated as ex-CMD (BEL) Mr. Ashwini Kumar Datta is working in M/S Mistral Solutions which requires further investigation by the CBI,” the vigilance report said.

In its recommendation, the vigilance also said the finalisation of specifications and scope of PoC should be done by a competent technical committee and any vested interest/doubtful integrity executives should not be part of the panel.

Cover-up by BEL?

The alleged cover-up in the entire irregularities started after the project came under the scanner. The Rs 130 crore tender was scrapped and suddenly BEL realised that they have in house capability to provide that suspected security specifications that was inserted to allegedly favour a particular company.

However, Sharma said, the BEL management did not take any disciplinary action against accused officers, did not include two senior officers in doubtful integrity list and did not blacklist the American firm. In fact, Sharma alleged, a bogus re-tendering process was initiated on the single-vendor basis and this time the DDS software contract without suspected specification was awarded to same firm Mistral Solutions, India representative of RTI, USA at less than Rs 10 crore. The BEL GM, NCS Joydeep Majumdar in a letter to the CVO confirmed the contract to Mistral Solutions while claiming they have saved more than Rs 110 crore.

“Earlier security features were included in the RFQ for DDS software. M/S Mistral Solutions qualified technically. Mistral quoted Rs. 120 Crores, however, the technical committee after study found out that the security solution was available with CRL Bangalore (Central Research Laboratory) and no need to buy from Mistral. A proof of concept was carried out and it was found working with the proposed DDS. Thus, the committee decided to go for the same DDS from Mistral which was purchased earlier for CMS in NCS, SBU which was without security features and hence was valued very low. Also, since the NCS engineers are conversant with this DDS it will obviate learning the new DDS, if chosen otherwise. A fresh Single Tender Enquiry was floated and the expected order price is less than Rs.10 Crore,” GM Majumdar wrote to the CVO on 9 February 2017.

This new found solution to douse the scandal was clearly an afterthought, reveals the documents sent to defence ministry and the CVC. The vigilance report clearly stated that Request For Proposal (RFP) even before the procurement process began, was finalised in coordination with the CRL. Nowhere, documents mentioned CRL team’s observation that they have in-house capability of security solution and therefore there was no need to purchase it from a private vendor at such a high price.

Even after RFP, the two members of CRL were part of the evaluation process and nowhere during the assessment process, the members acknowledged having in-house capability for the security solution that could save taxpayers money. In fact, further investigation revealed that UK’s company India representative M/S RTTS had held meeting at CRL Bangalore but the issue of having this in house security specification capability was not raised.

“A meeting with the vendor M/S RTTS at CRL Bangalore was conducted and the vendor has informed during discussion that PoC had ambiguous requirements not in line with PoC document, hostile environment during conduct of PoC by some of the PoC team members, required infrastructure which has to be provided by BEL was not provided,” the investigation report said.

Sharma claimed, the BEL officials brought up the issue of CRL having security solution only after procurement came under the vigilance scanner to conceal the alleged irregularities.

Subsequently, the CVC, not pleased with soft action of merely issuing warning letters to accused officers, wrote to BEL CMD MV Gowtama on 5 July 2017 for taking appropriate action.

“The Commission has observed that the tender was scrapped but the violations are serious in nature. The officers concerned have been let off with very lenient action. The Commission has desired that the CMD, Bharat Electronics Limited may review it sou-moto, if provision exists,” Ajay Kanoujia, Director, CVC wrote to Gowtama.

Later on 17 July 2017, Manager Vigilance in a note decided to send a reminder to the CMD observing that action against accused officers were indulgent.

“In the subject case, CVC’s observation were in line with Corporate Vigilance’s observations that a lenient view has been taken by the disciplinary authority without analyzing corporate vigilance letter/report, to close the case with minor penalty actions for the reasons not mentioned in the corporate vigilance report. In this regard, in line with CVC recommendations, it is proposed to send a letter to CMD to initiate appropriate major disciplinary proceeding action on attempts done by delinquent officers,” the note said.

Further, file noting suggests that another reminder for action in the case was sent to the CMD on 9 April 2018. It is also learnt that similar irregularities were unearthed in the procurement of database (DB) and Operating System which were later rectified after an internal probe flagged the wrongdoings.

Similarly, in civil construction, the issue of a single vendor for design consultant and procurement from the related parties have come under the vigilance scanner. Instead of taking action against the accused officers named in the vigilance report, the defence public sector undertaking has suspended members of the investigation team, who exposed the corruption.

“The same modus operandi has been followed with the vigilance team which brought out the corruption in selection of the design consultant and civil infrastructure ordering. The report of the vigilance enquiry has been downplayed and every member who was part of the vigilance enquiry has been charge sheeted, suspended or given punishment postings,” Sharma wrote to the CVC.

RTI BEL Regarding closing of Vigilance Cases

To      08-07-2019

Mr. Udaya Shankara K S AGM (Marketing), Bharat Electronics Limited, Corporate Office, Outer Ring Road, Nagavara, Bangalore – 560 045

Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect  of  office of CHIEF VIGILANCE OFFICER, BHARAT ELECTRONICS LIMITED.

  1. Provide the numbers of vigilance cases investigated by CVO, Mr. S. Shiva Kumar, IAS officer of the 1987 batch in last three years up to March 31, 2019
  2. Provide the numbers, ongoing vigilance cases March 31, 2019 before retirement of CVO, Mr. S. Shiva Kumar.
  3. Provide the numbers, ongoing vigilance cases closed by new CVO Shri Shrikant Walgad after taking Charge as CVO in BEL.
  4. Provide the numbers, ongoing vigilance cases exist after closing order by new CVO Shri Shrikant Walgad.
  5. Provide the numbers of cases forwarded to CVC by BEL in last three years up to 31 March 2019.

Regards

Prabhu  Dandriyal,
21-Sunderwala, Raipur, Dehradun, Phone 0135- 2787750, Mobile- 9411114879, prabhudoon@gmail.com  website www.corruptionindrdo.com

Registration Number              BELBL/R/2019/50088

Appeal to Independent Directors of BEL on Rs 7900 Cr Scam in IACCS Project

To

Dr. Bhaskar Ramamurthi, Director at IIT, Chennai,
Dr. R K Shevgaonkar, Professor at IIT, Mumbai,
Mrs. Usha Mathur, ex-Secretary to Govt. of India,
Mr. Sharad Sanghi, Entrepreneur,
Shri Mukka Harish Babu, Practicing Chartered Accountant,
Shri Surendra Singh Sirohi, ex-Secretary to Govt. Of India,
Shri Vijay S Madan, ex-Secretary to Govt. Of India,
Dr. Amit Sahai, Joint Secretary (P&C), Ministry of Defence, Department of Defence Production,
Ms J Manjula, Distinguished Scientist & Director General-Electronics & Communication Systems, DRDO,

ushamathur@hotmail.com,
harish@harishassociates.com,
bhaskar@iitm.ac.in,
vc@bennett.edu.in,
secretarial@hfcl.com,
sdpns@nic.in

MASSIVE CORRUPTION IN AIRFORCE UNDERGROUND STRUCTURE, IMPLEMENTATION AGENCY DEFENCE PSU BHARAT ELECTRONICS SUSPENDS ITS OWN INVESTIGATING OFFICERS FOR UNEARTHING ROLE OF CMD & TOP OFFICERS

In an unprecedented move the defence public sector undertaking Bharat Electronics Limited (BEL) has suspended three senior officials, who unearthed massive irregularities in the Indian Air Force’s confidential IACCS project- underground bunkers- at 10 strategic locations. The three officials were part of Inquiry committee set up by the BEL’s Chief Vigilance officer (CVO) in July 2018 . The team exposing the role of high ranking officers and manipulation of awards of contracts in Rs.8000 Crore project had submitted the report in October 2018. Instead of taking action against the corrupt officers, BEL management led by its Chairman MV Gowtama, who himself is under the scanner in IACCS project, acted with vengeance and suspended the investigation team members.

It is pertinent to mention that after three-member probe committee submitted the report, BEL CVO , a senior IAS officer MR S.SHIVA KUMAR  1987 BATCH in his note dated 29 March 2019 exposed the deep-rooted corruption recommending strong action against erring officers and firms. Yet, the CMD , who is likely to be arrested if a probe is ordered, cracked the whip against inquiry committee members for doing honest job. This crackdown is in spite of  the fact that the CVO of the company as appointed by CVC of India had established and validated each point of the investigation report  and strongly recommended to management of BEL for immediate police and civil criminal action against concerned BEL officers and chief consultant of the project M/s RD KONSULTANT.  The role of senior DRDO officers is also under the scanner since it was DRDO which recommended and fully supported the name of RD Konsultant to BEL although it was done informally and BEL surreptitiously avoided DRDO role in the files.The role of DRDO officers was brought out and exposed by the BEL vigilance probe team which was suspended on 17 May 2019.  To distract the government’s IB report, CMD, BEL created suspension drama of three personal of BEL, 2 GM Vigilance and one manager to fooling the country. This shows the clear mockery of BEL management.

M/S RD KONSULTANT – DELHI  , which came out to be a shell company in investigation report , incorporated just 3-4 months before the award of PPR consultancy project with all false  and fabricated documents, and was wrongly  awarded DPR consultancy project also violating BEL own manual procedures as well CVC guidelines with a criminal intent of having control over all future activities of civil contract as well infrastructure/ Plant and machinery  items procurement worth more than Rs 3500 crores, as recorded in noting files  and  many senior management personals of M/S BHARAT ELECTRONICS , which is continuously being done since UPA CONGRESS REGIME 2011.

One very interesting fact of the whole case is that the two BHARAT ELECTRONICS senior management personals named Mr N.K. SHARMA DIRECTOR( MARKETTING) and MR CHANDERPRAKASH EXECUTIVE DIRECTOR (D&E) GAD, who were the chief &key persons for co ordinating the IACCS project getting approved from Indian air force, joined  a company named “OIS ADVANCE TECH” – 90% OWNDED BY MR SANJAY BHANDARI – famous arms dealer & power broker  and close associate of ROBERT WADRA immediately after their retirement from BEL in 2010 and 2011, and immediately after this this project got formally started by BEL . 

The detailed and very exhaustive investigation done by fact verification team in early 2018 and further investigation team in end 2018 and subsequently report by CVO of M/s Bharat Electronics has established the details of  massive corruption and mal practices done by M/S RD Konsultant, its associate/related firms and senior management persons of BEL  ( since 2011 onwards till now), by abusing their powers and violating all BEL manuals as well as documented CVC guidelines for tendering for award of civil project works and procurement of items worth more than 3500 crores.

These civil contract worth more than 1000 crores have been given of paper to reputed firms like M/S L&T but at almost 30 % higher and inflated rates (as also mentioned by then Director (Finance) Mr PRABHAT ACHARYA in file noting about more than 100 crore loss as well as violation of BEL Contract manual conditions as well as CVC guidelines) and after some period he resigned from company. After this project given to m/s L&T are being done by M/S RD consultant sister concern named M/S CS CONSTRUCTIONS at sites ( even MD- Mr Rahul Baucher  of M/S CS Construction used to come to BEL-Ghaziabad unit  for regular review meeting on behalf of L&T) – A serious violation of CVC  guidelines as well contract conditions of BEL & M/S RD KONSUL) , which seriously compromise the quality , as it is a very small petty company which in no way  has a technical capability and skill to deal such highly technical and secured project. This fact as validated by the fact that some sites were shown as collapsed during construction and crores of rupees were further approved by BEL management in name of deviation with fixing the responsibility on contractor.

The detailed design which was submitted by M/s R.D. Konsultants specified vendors for all the sub-systems which are used in the blast proof underground buildings. It is seen that these vendors are the same which they had brought out to be their partners during presented made by then during the Pre-qualification bid. The Order which was placed on BEL by Air Force was also based on the detail design report submitted by M/s R.D. Konsultants and hence all these vendors called in the order from Air Force were the same which were defined by M/s R.D. Konsultants.BEL has in turn placed many orders for the sub-systems based on the vendors defined by M/s R.D. Konsultants. A visit was made to the works of many of these European vendors by a team of engineers from BEL along with Air Force personnel. But is it said that the team was accompanied by a rep from M/s R.D. Konsultant and the visit was coordinated by M/s R. D. Konsultant. These foreign companies were allowed to supply materials on a single tender basis by the BEL chairman MV Gowtama. He in fact overruled his own officials and approved qualification of several firms despite they had failed to submit bid details during prescribed time. Such gross violation was similar to the ones seen during 2G scam. BEL Chairman violated the laid down norms by allowing these foreign firms despite objections duly recorded by the finance division.

All above shows a case of massive corruption, fraud and abuse of power with criminal intent and a huge loss to Government public money by BEL senior management persons in connivance with chief consultant, EX DRDO and some IAF officials. The whole investigation report findings are finally found true of the fact that as it is learnt from top BEL & DRDO sources last week M/s RD Konsultant has written to BEL MANAGEMENT that as his chief designer has left the company and the firm has gone bankrupt, he cannot give consultancy services to this project. Now on this bogus consultancy company’s  design, specifications and whole scheme of the project BEL management has already  spend thousands of crores of public money  and suppose its design does not work then who will own the responsibility of whole scam. Now the news that the firm M/S RD KONSULTANT is running out of project the reason could only be because his fraud has come out in media and BEL current management instead of taking legal action against the corrupt, trying to harass and victimize the honest and brave investigation team members ( in name of media leak- which even our prime minister call  as a strong pillar of democracy) .

The team which is suspended and currently facing all type of harassment, victimization and humiliation of suspension, but in spite of all pressures and threats, have unearthed this scam just to keep the spirit of national security and defence importance   and demand only for justice but calling for a detailed CVC/CBI/ED enquiry outside BEL management preview immediately and immediate intervention of MINISTRY OF DEFENCE for action on some BEL senior management for their misdeeds

A honest and sincere appeal to all  concerned officials of PMO/MOD /CVC/PRESS/JUDITARY that please take immediate action in this regard to keep “CHOWKIDAR “ alive in our souls  by safeguarding the honour of investigation team officials.

ABOVE ALL MATTER IS COVERED IN DETAILS BY  A REPUTED NEWPAPER

“FIRSTPOST”  IN ITS ARTICLE DATED 02 APRIL, 09 APRIL & 26 April 2019

Before publishing in media the matter was available with AF Intelligence, CVO, CBI, North Block, Chairman, DRDO, IB in March itself but god knows why any agency not take-up this matter seriously.

Hope you will take up matter seriously as you are responsible Member, Audit Committee and Director of BEL and may be aware of all developments from side of BEL management who are posing that matter is mare deviation of 50/60 lakhs as a bonafide fighter against defence corruption since more than 20 years I am fully aware of nexus. This nexus was designed by Retired Scientist of DRDO with ex DRDO chief because the U/G work of services was sole right of DRDO via SPIC, but when retirement stage these corrupt DRDO official gang create the scene and diverted this activity to BEL which doesn’t have any type construction division like DRDO have, U/G plant machinery experience either trading nor manufacturing in this tender only 500 cr electronics involvement can BEL claimed. As per investigation and observation it is clearly visualize that few greedy BEL official trapped in vicious DRDO official and for sake of few bucks they compromised with national security as well as their organization’s dignity. Please ask the vigilance report prepared by these three suspended BEL employees, Report is not an eye opener but will help govern to expose UPA era nexus who are responsible to siphon the defence budget under shadow of secrecy.

After Publishing in News Rs 7,900-cr IAF AICCS project scam of BEL.CMD M.V. Gowtama’s Proud Moments with RRM and RM

Seems to Discuss New Terms and Conditions to Take BEL on Greater Heights and Figures

Bharat Electronics Limited CMD M.V. Gowtama meets Union MoS AYUSH (Independent Charge) and Defence Shripad Yesso Naik, in New Delhi on June 19, 2019
Bharat Electronics Limited CMD M.V. Gowtama meets Union Defence Minister Raj Nath Singh

RTI to BEL regarding CVC order no. 12/03/10

To                                                                                                27-06-2019

Mr. Udaya Shankara K S AGM (Marketing)

Bharat Electronics Limited Corporate Office,

Outer Ring Road, Nagavara,

 Bangalore – 560 045

Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect  of Office order no. 12/03/10 dated 5 march 2010 issued by CENTRAL VIGILANCE COMMISSION  GOVT OF INDIA ,  requires  VIGILANCE MANUAL VOL 1 , 6th   Edition wide para  2.16.2 provides for review of vigilance work in an organization to be taken by chief executive of the organization. The Commission has advised all organizations to hold regular meetings for review of vigilance work on monthly /quarterly basis in a structured manner between the CVO & chief executive in the organization.

  1. Whether structured review meetings were held between CVO- BEL  & CMD -BEL  during 01-04-2016 to 31-03-2019 – YES/ NO
  2. If yes, provide the number of such meeting were held.
  3.  Provide details  and minutes of meetings 
  4. Whether vigilance work reviewed in such meetings between CVO-BEL & CMD- BEL during 01-04-2016 to 31-03-2019 – YES/ NO
  5. If yes, provide details and minutes of meetings.
  6. If no , details of other agenda for discussions
  7. Whether actionable points were drawn up during the meetings  during 01-04-2016 to 31-03-2019 – YES/ NO
  8. If yes, provide details and minutes of meetings.
  9. Whether CVO-BEL has reported such monthly/quarterly review held in monthly report to commission  during 01-04-2016 to 31-03-2019 – YES/ NO
  10. If yes, provide details

Regards

Prabhu  Dandriyal,
21-Sunderwala, Raipur,Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com

Registration Number: BELBL/R/2019/50079

CVO Order No 12/03/10

Pilatus aircraft deal: CBI has fugitive arms dealer Sanjay Bhandari, bureaucrats in its crosshairs

Yatish Yadav Jun 22, 2019 16:10:17 IST First Post
New Delhi: A few days after the conclusion of Aero India Show at Bengaluru from 6 to 10 February in 2013, a six-page intelligence note landed at the desk of then chairman, Central Board of Direct Taxes (CBDT) detailing unusual activities of certain companies owned by fugitive arms dealer Sanjay Bhandari. The note purportedly provided the first solid evidence against Bhandari, who at that point of time, was allegedly using four firms registered in India to influence a majority of defence contracts.
Bhandari allegedly had a battery of retired defence public sector undertakings officials on his payroll. Firstpost on 9 April reported that two senior officers of Bharat Electronic Limited (BEL) who joined Bhandari’s firm after retirement, were under the scanner of investigating agencies in the basic trainer aircraft deal. The note highlighted crores spent at the Aero India Show by Bhandari’s firm AVAANA and warned about his links into procurement of 75 basic trainer aircraft for which India inked a Rs 2,859 crore deal in May 2012 with Switzerland-based Pilatus Aircrafts.

File image of arms dealer Sanjay Bhandari. CNN-News18

A year later, the Income Tax Department launched a probe and almost three years after the first warning against Bhandari, a preliminary inquiry was launched by the Central Bureau of Investigation (CBI) which culminated in an FIR against the arms dealer, his firms, close aides and the Swiss company.

The CBI tracked down the alleged kickbacks paid to Bhandari’s firms under the garb of consultancy fees. The CBI said after Request for Proposal (RFP) was floated by the Indian Air Force (IAF) in December 2009, Pilatus Aircrafts, Switzerland, dishonestly and fraudulently signed a service provide agreement with Bhandari’s firm Offset India Solutions Private Limited. This pact between the two firms in a bid to obtain the contract for supply of 75 basic trainer aircrafts to the IAF, was in violation of the defence procurement procedure, the agency stated.

“In furtherance of the said criminal conspiracy, Pilatus Aircrafts Limited made payment of 10,00,000 Swiss Franc (in 2010, 1 Swiss Franc was equal to approximately Rs 47) in account No. 52105058250 of M/S Offset India Solution Private Limited with Standard Chartered Bank, New Delhi in two tranches during August & October 2010 and also transferred huge funds, i.e. 49887900 Swiss Franc (Approximately Rs. 350 Crores) during 2011 to 2011 in the bank accounts of Dubai based company namely M/S Offset India Solutions FZC belonging to Sanjay Bhandari to obtain the contract for 75 basic trainer aircrafts. It is revealed that M/S Pilatus Aircrafts Limited dishonestly and fraudulently signed a pre contract integrity pact on 12.11.2010 with Ministry of Defence, deliberately concealing the facts about signing the aforesaid service provider agreement with Sanjay Bhandari,” the CBI said.

The investigating agency claimed Pilatus Aircrafts concealed the first payment of 10,00,000 Swiss Francs made to Offset India Solutions Private Limited and subsequent payments made to Bhandari in Dubai. The agency suspects the money paid to Bhandari was to influence the public servants of IAF and Ministry of Defence associated with the procurement process. After the deal was signed between Pilatus and Ministry of Defence in May 2012, a huge cash amount was moved by Bhandari from one company to another and even in the account of his wife in order to layer the transactions.

CBI said: “Offset India Solutions Private Limited and other Indian companies of Sanjay Bhandari namely OIS Advanced Technology Private Limited , AVAANA Software & Services Private Limited, SB Hospitality & Services Private Limited, Himalayan Helicorp Private Limited, Santech Investment Private Limited, Micromet ATI India Private Limited and Sonia Bhandari wife of Sanjay Bhandari, received Rs 25.5 crore during June 2012-March 2015 in lieu of cash provided by Sanjay Bhandari from various companies of Deepak Aggarwal, namley, Arti Securities & Services Limited, Hare Krishna Garments Private Limited, I-Tech Insurance Brockers Private Limited, Mysore Finlease Limited, Sperryn Gas Products Limited, Jaguar Equity Limited and Tyagi Portfolio Limited.”

In a bid to further channelise the alleged kickbacks in legitimate financial deals, Bhandari acquired five companies from Himanshu Verma, who has also been named in the FIR. These companies are: Greenpower Marketing and Advertising Private Limited, Bhayana Housing Private Limited (now VRG Housing Private Limited), Bhayana Reality Private Limited (now Stercon Private Limited), Beats Events & Advertising Private Limited and Efficacy Interiors Private Limited. Bhandari subsequently deposited Rs 39.36 crore in the accounts of these five companies with the help of Deepak Aggarwal. Of Rs 39.36 crore, Rs. 5.4 crore was transferred to a company called Saran Savdha LLP owned by Bimal Sareen. Sareen, who has been named in the CBI FIR, is also a director in Bhandari’s firm Offset India Solutions Private Limited.

“There is strong suspicion that the aforementioned cash amount was part of the commission amount paid by the Pilatus Aircrafts to Sanjay Bhandari to obtain the contract from IAF, Ministry of Defence for supply of 75 basic trainer aircraft,” the central investigating agency claimed.

Now, returning to the genesis of probe against Bhandari and Pilatus basic trainer aircraft, the six-page note indicated that the arms dealer’s involvement may not be limited to allegedly swinging the basic trainer aircraft deal in favour of the Swiss company, but may also extend to other deals. It said: “Crores have been spent in these three-day sojourn, specifically companies like AVAANA (owned by Sanjay Bhandari) which is engaged in mission critical system systems and software solutions, development and integration. Its portfolio includes UAVs and asset tracking solutions.” The note also named Bhandari’s Offset India Solutions Private Limited, Micromet-ATI and AVAANA, further adding that under the garb of offset contracts, large amount of commission have been paid via fictitious billing.

Bhandari fled the country in December 2016 and Indian law enforcement agencies believe he is hiding in London. His extradition to India may not only unravel possible links with the then establishment, but also other unholy defence deals he might have orchestrated in connivance with bureaucrats at the helm.

FIRST APPEAL U/S 19 OF Right to Information Act, 2005 to IAF Regarding Rs 7900 Cr Scam in IACCS Project News Publish in First Post

FIRST APPEAL U/S 19 OF Right to Information Act, 2005

Date: 20.06 2019

To,             

Air Marshal PP Bapat VSM

Air Officer-in-charge Administration

Air Headquarters (Vayu Bhawan)

Rafi Marg, New Delhi – 110106

Subject: First Appeal under Section 19 of RTI Act 2005.

Reference:  i)    My RTI application dated 03rd May 19, received to CPIO Air HQ   on  17th  May 19 CPIO Air HQ

ii)   CPIO Air HQ Reply vide No Air HQ/23401/204/4/17049/E/PS dated 12th  June 2019

          

Sir, I’m disappointed with the reply of CPIO Air HQ. I hereby submit first appeal under Section 19 of RTI Act, 2005.

  1. Details of appellant: Name: Prabhu Dandriyal,

Address: 21 – Sunderwala, Raipur Dehradun, Uttarakhand, Pin – 248001   

  1. Details of CPIO:  Name  Wg Cdr Suman Adhikari

Address Room No. 160, Dte of PS, Air HQ (VB), Rafi Marg, New Delhi 110106

  1. Facts leading to appeal:

An application under Section 6(1) of RTI Act 2005 dated 3 May 2019 was submitted to CPIO Air Hq sought information on IACCS project executed by costing approx 7900 Cr as new series posted in various media regarding scam in IACCS project. Being a senior citizen and tax payer I have request for some facts which are not in nature of any strategic information. It is hard to believe that CPIO not denial nor gave requested information judiciously, send reply without application of mind. Copy of RTI application is attached as Enclosure-1.

2. Particulars of Decision/Order of CPIO against which appeal:-

Request information in Para 3 is not provide by CPIO Air Hq and mentioned – not held with this Public Authority, the IACCS directorate in same building and as per RTI act CPIO has to transfer under section 6 (3) of the RTI Act 2005 to concern  CPIO of Air Hq  who is responsible for  IACCS Directorate.

Request information in Para 4 is not provide by CPIO Air Hq quoted that “not held with this Public Authority”, But CPIO has to transfer under section 6 (3) of the RTI Act 2005 to concern  CPIO of Air Hq  who is responsible for  IACCS Directorate

Request information in Para 7 the CPIO, Air Hq not even denied or mention that information is not available with him, just ignored. Here a big question arise that the vision of RTI Act 2005 is to restrict the corrupt practices prevailing in the system should be checked by citizen of India. The CPIO act clearly shows that he want protect these corrupt practices running in Air force, because  in Para  8 also CPIO even not mention any word just ignored the request of information.

The act of CPIO to ignore the request of Para 7 & 8 shows that CPIO, Air Hq does not believe the constitutional provision of India. The request of information from common citizen is nothing to CPIO, but CPIO want to save culprits..

3. Facts & Grounds leading to appeal:-

the information requested are purely related to corruption and for to take corrective measures to restrict prevailing corruption in defence sector which is very highly dangerous to our national security. Compromising with quality and quantity and encouraging the false documents in procurement and execution in such important project is not anyway appreciable by common country man.

Information not providing vide Para 7 & 8 itself prove that official sitting on seat are not thinking of our future Air Force officials who will going to work their duties in IAACS project centers, basically they are playing with the life of children may be some   present Air Force official’s sons or daughters who wishes to join Air Force like their father.

The CVO reports shows that Air force deputed in these palaces not allowed the senior vigilance officer to visit site and other way they allowed to any tom dick harry of L&T subletting contractor to roam around. Secondly in IACCS Directorate are co-operting BEL corrupt offices in big way.

4, Prayer /relief sought for:-

Information sought vides RTI Application dated 03.05. 2019 by appellant has been not provided properly it is incomplete information given by CPIO, Air Hq. Therefore, appellant kindly prays to FAA, Air Hq to allow this appeal and issue instructions/orders to CPIO, Air HQ  to provide the information sought as seek by appellant vide his RTI Application dated 03 05 2019. Hope FAA will prove that FAA  with “Nabha Sprsham Deeptam” not with corrupt officials who are busy with minting money and compromising with national security and also playing with life of our future Air Force aspirants. 

5. Declaration:-

I hereby state that the information and particulars given above are true to the best of my knowledge and belief.

Prabhu  Dandriyal,
21-Sunderwala, Raipur,Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com

 Enclosure: Five

  1. Copy of My RTI Application dated 03 May 2019 to CPIO Air Hq
  2. Copy of Reply of  CPIO, Air Hq, Delhi dated 12 June 2019
  3. Copy of BEL, CVO recommendation regarding irregularities in IACCS Project
  4. Copy of email sent by site engineer which is clear evidence of BEL official corruption with support with Air Force officials.
  5. Copy of one Earth Profile related to IACCS Project

RTI BEL for vigilance Cases

To        18-06-2019                        

Mr. Udaya Shankara K S AGM (Marketing)

Bharat Electronics Limited Corporate Office,

Outer Ring Road, Nagavara,

 Bangalore – 560 045

Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect  of Office order no. 59/12/03 dated 9 DEC  2003 issued by CENTRAL VIGILANCE COMMISSION  GOVT OF INDIA , Para 2  Board of Directors should review the vigilance work once in six months and CVO will send a copy of the review done by the Board to the Commission

  1. Provide the  numbers of board of directors  meeting held during last three years
  2. Provide the  numbers of vigilance cases  were reviewed by CMD/Directors in board meetings held during last three years
  3. Provide the details of action taken report by Board of Directors on reviewed cases
  4. Provide the Minutes of meetings of Board of Directors meeting during last three years.
  5. Provide the details of reviewed cases report forwarded to CVC by CVO BEL vide Office order no. 59/12/03 dated 9 DEC 2003 in last three years.

Regards

Prabhu  Dandriyal,
21-Sunderwala, Raipur,

Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com

Enclosed – Copy of CVC Office order no. 59/12/03 dated 9 DEC 2003

RTI Registration Number              BELBL/R/2019/50072

DNA SPECIAL: Defence PSU BEL suspends internal probe team that exposed corruption

The investigation panel in its report had pointed irregularities in awarding consultancy contract to a private firm RD Konsultants for Integrated Air Command and Control System (IACCS) project at 10 locations.

The defence public sector undertaking Bharat Electronics Limited (BEL) has suspended its three-member investigation panel, who had unearthed irregularities in the Indian Air Force’s confidential Integrated Air Command and Control System (IACCS) project, citing them of acting in “prejudicial” manner that was against the company’s interest.

The investigation panel in its report had pointed irregularities in awarding consultancy contract to a private firm RD Konsultants for Integrated Air Command and Control System (IACCS) project at 10 locations.

The report had stated: “A company that came into existence in April 2010 showed its employees had an experience of five years in 2013.”
DNA had exposed irregularities in awarding contracts in an April 3 report (‘Bharat Electronics bent norms to favour private firm: Report’).

It was also found a BEL senior officer PK Bhola who was behind awarding contract to the private vendor to prepare a Preliminary Project Report, later joined the same company after his retirement. The PSU awarded RD Konsultants to prepare the PPR in 2011 and then again brought as the design consultant in 2013, violating laid out norms.

Also the role of senior Defence Research and Development Organization (DRDO) officers is under the scanner since it was DRDO which recommended the name of RD Konsultant to BEL, although it was done informally.
Sources said that after the scam came out in public domain, the inquiry committee headed by MM Pandey was suspended and all the three members, including Pandey were issued show cause notice and were put on suspension. The committed was set up by the BEL’s Chief Vigilance officer (CVO) Siva Kumar. After Kumar’s tenure ended in April, Shrikant Walgad, an IAS officer of the Haryana Cadre, took over charge as CVO. Kumar before his tenure end had submitted the inquiry report.

Further it is also alleged that instead of taking action against the corrupt officers, BEL Chairman MV Gowtama suspended the investigation team members. “Kumar in his note dated March 29, 2019 sent to Chairman BEL, Ministry of Defence and the Chief Vigilance Commission had alleged deep-rooted corruption recommending strong action against erring officers and related firms,” said a source.

The phone calls and emails to BEL remained unanswered till the time the article is going for print.
The crackdown against the probe team started after Kumar, the CVO who was appointed by CVC, had established in the investigation report alleged irregularities and had recommended BEL to management for immediate action against suspected eight corrupt officers.

Laid Bare
DNA had exposed irregularities in awarding contracts in defence public sector Bharat Electronics Ltd in an April 3 report titled ‘Bharat Electronics bent norms to favour private firm: Report’