CIC Decision on DRDO Corruption & Nepotism – 3

CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

File No.CIC/LS/A/2012/001219

Appellant Shri Rajiv Chauhan
Public Authority DRDO
Date of hearing 09.08.2012
Date of decision 09.08.2012

Facts :-
1. Heard today dated 09.08.2012. Appellant present. DRDO is represented by Shri
Deepak Mishra, Scientist ‘E’

2. The appellant had filed an RTI application dated 29.10.2011 seeking information
about the purchase of certain books and other materials by the Defence Institute of Armament Technology, Pune. This information was denied to him on the ground that DRDO is an exempted organisation. During the hearing, the appellant submits that he will be satisfied if he is given inspection of the file/files relating to the order placed by Dr. A.K. Tyagi, the then Library Incharge, DIAT, Pune, for online subscription of ‘Nature Magzine’ against payment of about Rs. 25 lacs

3. The appellant also produces a copy of the letter dated 14.3.2011 of Dr. S.S.Sirurmath, University Librarian, in which he had informed the appellant that copy of order and terms and conditions of Nature Magazine(on line) were not available. He expresses surprise at this response in as much as an order of Rs. 25 lacs could not have been placed without due processing in the file.

4. In the facts and circumstances of the case, it is hereby ordered that CPIO may give inspection of all records relating to the online subscription to the appellant or his representative in 05 weeks time.

Sd/-
( M.L. Sharma )
Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO of this
Commission.

( K.L. Das )
Deputy Registrar

Address of parties :-
1. The Scientist ‘F’ & CPIO, DRDO, RTI Cell,
314-A, B-Block, DRDO Bhawan,
New Delhi-110105.

2. Shri Rajiv Chauhan,
1053/3, Shastri Nagar,
Meerut-250005.

The Right to Information Act, 2005

Appeal before the Central Information Commission;

Appeal No. ———————– Dated ————————
As I am aggrieved by decision of Central Public Information Officer and First Appellate

Authority, I hereby file this appeal for your kind decision.

1. Details of appellant:

1.1 Full Name: – RAJIV CHAUHAN

1.2. Full Address: R/O-1053/3, SHASTRI NAGAR, MEERUT (U.P)-250005

1.3 Phone/Cell No.: 09412628314 ; 09258045938 ; 0121-4009512;

4 Email ID: rajivchauhan89@yahoo.co.in

2. Details of Central Public Information Officer (CPIO):

2.1 Name/Designation: Dr.A.K.TYAGI ; SCIENTIST “F’ , CPIO, DRDO HQ;

2.2 Full Address: 314-A, “B’ BLOCK, DRDO BHAWAN, NEW DELHI-110105

2.3 Name of Public Authority: DRDO, MINISTRY OF DEFENCE.

IMPORTANT NOTE :-

The RTI information is related with the corruption of the CPIO of RTI Dr.A.K.TYAGI during the office-in charge ,information centre/ library & finance officer of DIAT (Defense institute of Advanced technology). So that the decision on my RTI decision given by- Deepak Mishra , Addl.Director, RTI Cell, DRDO BHAWAN , NEW DELHI-110105

3. Details of First Appellate Authority [FAA]:

3.1 Name/Designation of the FAA: Dr. ARUN KUMAR

3.2 Full Address of FAA: OS & DIRECTOR; DIRECTORATE OF PERSONNEL;

ROOM NO- 217, DRDO BHAWAN, NEW DELHI-110105

4. Dates of RTI application/first appeal:

4.1 To CPIO — 29 OCT 2011

4.2 To FAA: — 02 DEC 2011

5. Particulars of Decisions:

5.1 Reference No & Date of CPIO Decision:-

22nd NOV2011; RTI/01/2091/P/2011/0283; CPIO.DRDO HQ; NEW DELHI

5.2 Reference No & Date of FAA’s Decision:-

10 JAN 2012; RTI/02/2091/F/2011/114; Dr.Arun Kumar,OS & DOP , FAA,DRDO HQ

6. Dates of receipt of replies by appellant from:-

6.1 CPIO— 28 NOV2011

6.2 FAA: — 17 JAN 2012

7. Details of information sought:-

Kindly inform to you that Dr.A.K.Tyagi worked in DIAT (Defense Institute of Advanced Technology) as OI(office in charge),IC&L(Information centre & library) and Finance officer during his posting. Presently the CPIO at DRDO HQ, New Delhi. He has violated all procurement norms laid by DRDO authority vide there revised edition 1999,DRDO manual of Procedure for management of library & Technical Information Centers.-DRDO HQ, Ministry of Defense .Page no-25 para 4.2.3 no 4 terms for procurement of books; page no-33 para 4.3.4 terms for procurement of periodical publication. Above procedure were violated by Dr A.K Tyagi in his all procurements and misappropriate the government funds and misinterpreted the government rules for minting money for himself .The book purchase in DRDO the approval of library committee is obtain which selects the useful book/journals and then the normal purchasing procedure is followed the quotations are called and the lowest bidder gets the order. There are few publisher are whose books/journals have standard price and when order is placed it goes directly to publisher.
In Dr A K Tyagi cases most of orders were placed to local vendors in single tender basis. When the purchases of books by violating the all the rules Dr A K Tyagi surpassed the all the records and the budget limit was crossed five times( 30 Laks to 1.5 Corers). This action was noticed by all the DIAT officials and an inquiry committee was framed. The committee constituted by then Vice Chancellor a senior officer as chairman and two officer as board member,. When the committee starts the investigation most of the documents were denied by Dr A K Tyagi, somehow, the inquiry committee submitted its report. The amount of corruption was good enough to punish the official but as usual God father culture prevailing in DRDO helped him and gave him safe passage by transferring to DRDO Hqrs.
He purchased Nature journal, nature publishing group, 4 Crinan Street, London, United Kingdom via local vendor for Rs 25 Lakhs

Facts : Till date nobody from DIAT has seen the Nature Journal

This journal was not useful for DIAT as the same deals with life sciences and DIAT area is ARMAMENT ENGINEERING, APPLIED MATHEMATICS, METALLURGY, COMPUTER ENGINEERING, APPLIED PHYSICS, AEROSPACE ENGINEERING, MECHANICAL ENGINEERING, EXPLOSIVES & APPLIED CHEMISTRY, ELECTRONICS
The chairman for the Nature Journal procurement was Vigilance Officer of DIAT who approved this procurement from local vendor.

In other cases the books/journals orders were recommended in dollars but Dr.A K Tyagi made payment in Pounds/Euro for the same procurement and bill was raised by with the help local vendors. Example – if book cost was approved by library committee in $ 360 but when the payment was done that is 360 Pounds

The finding of inquiry committee of DIAT (Board of Three Senior Officers)
1. Observations – To understand the existing procedure for procurement of Books by Library, it was necessary to go through basis of existing procedure, record and files to related to procurement. In absence of OI/C,IC&L very limited records made available by Library and after arrival of OI/C,IC&L access to information and records was totally denied to the Board of Officers.
2. Existing Procedure and Anomalies- the following is observed by Board of Officers.
i) OI/C,IC&L places demand directly to vendors after approval by Library Committee. There is no procedure of quotation/negotiation followed. it is noted that as per terms and conditions no discounts have been asked.
ii) Order has been placed on single tender basis
iii) During limited observations it was seen that Books were accepted at higher prices than the order/approval price by the purchase committee.
iv) No proof of price is being put up to the purchase Committee for approval.
v) Firm Orders are being placed by OI/C,IC&L without bidding/negotiation
vi) Vendors to whom orders are being placed are not registered. As per purchase procedure orders of only up to Rs 5000/- can be placed to unregistered vendors. This rule is not followed.
vii) In our limited inquiry, we observed that large numbers of books were
accepted at much higher price. We site few example-
a) Book ordered for Rs 6029.07 was procured for price Rs 81,936.00
b) Book ordered for Rs 13,156.00 was procured for price Rs 27,362.68
c) Book ordered for Rs 40,000.00 was procured for price Rs 3,60,00.00
d) Book ordered for Rs 3,292.24 was procured for price Rs 5,233.09
viii) We did not find any justification in orders or Terms & Conditions to accept such high billing prices for payment to venors.
ix) OI/C,IC&L did not conduct independent investigation regarding over valued books supplied by the vendors for their correct price.
x) We found such number of cases where over payment was cleaned by OI/C, IC&L and Finance Officer without amendment or without bringing to notice of approving authority or VC
xi) We did not find any power vested to OI/C,IC&L, Finance Officer to clear the over payment cases.
xii) Before payment to vendors, pre-auditing is mandatory (as per purchase procedure) No such pre auditing mechanism is found resulting in escaping the over payment cases from scrutiny and corrective action. We did not find any document or authority to exempt from pre –auditing.
xiii) Functioning of Library in case Library procurement was found devoid of adequate check and balance and control mechanism. We can conclude that OI/C,IC&L and Finance Officer flouted the principle of FR-21

This is a case of the corruption so that the main object to take this information is to provide as an evidence before high power investigating officer / commission / higher courts in the interest of law and justice .

I want the following information’s as under-
S.No INFORMATION SOUGHT REPLY
1. Is it true that Dr. A.K.Tyagi worked in DIAT (Defense Institute of Advanced Technology) as OI(office in charge),IC&L(Information centre & library) and Finance officer during his posting. Presently the CPIO at DRDO HQ, New Delhi ?
Yes/No
2. Dr A K Tyagi OI/C,IC&L places demand directly to vendors after approval by Library Committee. There is no procedure of quotation / negotiation followed ? Yes/No
3. Dr A K Tyagi OI/C,IC&L has been placed orders on single tender basis? Yes/No
4. Vendors to whom orders are being placed are not
registered?
Yes/ No
5. Book cost was approved by library committee in US dollor 360 but when the payment was done that is 360 Pounds ?
Yes/No
6. Order copy and term, conditions for the nature Magazine is not available. So the order place by Dr. A.K.Tyagi for Nature Magazine verbally or in written? Pl. provide suitable reply with authentic documents.

I state that the information sought does not fall within the restriction in section 8 & 9 of the Act and to the best of my knowledge it pertains in the DRDO office contained & record. Above required information is directly related to corruption and not come under scheduled –II. I request to you please provide me the information by the speed post.

8. Brief facts of the case:-
I submitted my RTI application before the CPIO, DRDO, New Delhi on dt.29-10-2011. Cause for put up this application was the allegation of the corruption / misuse of the office by Dr.A.K.Tyagi . He violated all procurement norms laid by DRDO authority vide there revised edition 1999,DRDO manual of Procedure for management of library & Technical Information Centers.-DRDO HQ, Ministry of Defense .Page no-25 para 4.2.3 no 4 terms for procurement of books; page no-33 para 4.3.4 terms for procurement of periodical publication. Above procedure were violated by Dr A.K Tyagi in his all procurements and misappropriate the government funds and misinterpreted the government rules for minting money for himself .The book purchase in DRDO the approval of library committee is obtain which selects the useful book/journals and then the normal purchasing procedure is followed the quotations are called and the lowest bidder gets the order. There are few publisher are whose books/journals have standard price and when order is placed it goes directly to publisher. In Dr A K Tyagi cases most of orders were placed to local vendors in single tender basis. When the purchases of books by violating the all the rules Dr A K Tyagi surpassed the all the records and the budget limit was crossed five times( 30 Laks to 1.5 Corers). This action was noticed by all the DIAT officials and an inquiry committee was framed. The committee constituted by then Vice Chancellor a senior officer as chairman and two officer as board member,. When the committee starts the investigation most of the documents were denied by Dr A K Tyagi, somehow, the inquiry committee submitted its report. The amount of corruption was good enough to punish the official but as usual God father culture prevailing in DRDO helped him and gave him safe passage by transferring to DRDO Hqrs. He purchased Nature journal, nature publishing group, 4 Crinan Street, London, United Kingdom via local vendor for Rs 25 Lakhs
CPIO reply is not satisfactory and not as per the law because the RTI is related with the allegation of the corruption and not exempted under section 24(1) of the RTI Act-2005.
In Supreme Court civil Appeal no – 6454 clearly mentioned that- “37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability.
The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption.”

I was not satisfied with the reply of CPIO,DRDO HQ, New Delhi, after that I submitted an appeal before FAA to take the information but the FAA of DRDO dismissed the appeal and failed to provide the information with the ref. of second schedule of the RTI Act & section 24(1) of the RTI Act-2005.

9. Reasons/grounds for this appeal:-

1- That the RTI application is related with the public information because the tenders generally published in news paper / internet for the purchasing of the books as per the DRDO manual of Procedure for management of library & Technical Information Centers.-DRDO HQ, Ministry of Defense .Page no-25 para 4.2.3 no 4 terms for procurement of books; page no-33 para 4.3.4 terms for procurement of periodical publication.

2- That this information is directly related with the corruption and misuse of the office and not come under section 24(1) of the RTI Act because the books/journals orders were recommended in dollars but Dr.A K Tyagi made payment in Pounds/Euro for the same procurement and bill was raised by with the help local vendors. Example – if book cost was approved by library committee in $ 360but when the payment was done that is 360 Pounds
3- In Dr A K Tyagi cases most of orders were placed to local vendors in single tender basis. When the purchases of books by violating the all the rules Dr A K Tyagi surpassed the all the records and the budget limit was crossed five times( 30 Laks to 1.5 Corers). This action was noticed by all the DIAT officials and an inquiry committee was framed. The committee constituted by then Vice Chancellor a senior officer as chairman and two officer as board member,. When the committee starts the investigation most of the documents were denied by Dr A K Tyagi, somehow, the inquiry committee submitted its report. The amount of corruption was good enough to punish the official but as usual God father culture prevailing in DRDO helped him and gave him safe passage by transferring to DRDO Hqrs.
4- That the main object to take this information is to provide as an evidence before High Power Investigating Officer/ Commissions / High Courts in the interest of law and justice.

10. Any other information in support of appeal:-
1- This RTI information is required to proof a corruption during the purchasing of the books / periodical publication.
2- Dr.A.K.Tyagi violated all procurement norms laid by DRDO authority vide there revised edition 1999,DRDO manual of Procedure for management of library & Technical Information Centers.-DRDO HQ, Ministry of Defense .Page no-25 para 4.2.3 no 4 terms for procurement of books; page no-33 para 4.3.4 terms for procurement of periodical publication. Above procedure were violated by Dr A.K Tyagi in his all procurements and misappropriate the government funds and misinterpreted the government rules for minting money for himself.
3- That this action was noticed by all the DIAT officials and an inquiry committee was framed. This committee was put up an adverse report to the authorities.
11. Prayer/relief sought for:-
I request your honor to pass an order to concern authority to provide the following information’s as under-
S.No INFORMATION SOUGHT REPLY
1. Is it true that Dr. A.K.Tyagi worked in DIAT (Defense Institute of Advanced Technology) as OI(office in charge),IC&L(Information centre & library) and Finance officer during his posting. Presently the CPIO at DRDO HQ, New Delhi ?
Yes/No
2. Dr A K Tyagi OI/C,IC&L places demand directly to vendors after approval by Library Committee. There is no procedure of quotation / negotiation followed ? Yes/No
3. Dr A K Tyagi OI/C,IC&L has been placed orders on single tender basis? Yes/No
4. Vendors to whom orders are being placed are not
registered?
Yes/ No
5. Book cost was approved by library committee in US dollor 360 but when the payment was done that is 360 Pounds ?
Yes/No
6. Order copy and term, conditions for the nature Magazine is not available. So the order place by Dr. A.K.Tyagi for Nature Magazine verbally or in written? Pl. provide suitable reply with authentic documents.

I state that the information sought does not fall within the restriction in section 8 & 9 of the Act and to the best of my knowledge it pertains in the DRDO office contained & record. Above required information is directly related to corruption and not come under scheduled –II. I request your honor to pass an order to concern authority to provide the information’s by the speed post.
(2)- I request your honor to pass an order in favor of the applicant as deemed fit as an any relief .

Personal Presence at hearing:- — YES
Declaration:-

I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.
Place: MEERUT

Date: —————-
Signature of appellant