CIC Decision on DRDO Corruption & Nepotism – 5

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

File No.CIC/LS/C/2012/001204

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. It is noticed that vide RTI application dated 1.11.2011, the appellant had sought the names of the officers/scientists who were given extension in service after their superannuation at the age of 60 years. The CPIO had refused to disclose this information vide letter dated 30.11.2011 on the ground that DRDO is an exempted organization.

3. The appellant is seeking establishment related information and not any scientific information. Despite the DRDO being an exempted organisation, in my opinion, there is absolutely no harm in disclosing the requisite information to the appellant. Ordered accordingly.

4. This order may be complied with in 04 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.

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 — 03 OCT 2011

4.2 To FAA: — 02 DEC 2011

5. Particulars of Decisions:

5.1 Reference No & Date of CPIO Decision:-

30 NOV2011; RTI/01/2091/P/2011/0291; CPIO.DRDO HQ; NEW DELHI

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

20 JAN 2012; RTI/02/2091/F/2011/122;

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

6.1 CPIO— 07 DEC 2011

6.2 FAA: — 27 JAN 2012

7. Details of information sought:-

Kindly inform to you that a high no. of scientists are working beyond the age of superannuation of 60 years in DRDO. It seems that the irregularity are carried out by the officers / scientists appointment / service extension / re- employment through the contract basis in DRDO. As per the DOPT letter no. dt.9th Dec.2002 regarding the grant of extension / re-employment to central govt. servants beyond the age of superannuation – issue of instructions regarding.-“ Re-employment : No proposal for employing a govt. servant beyond the age of superannuation of 60 years shall be considered. It is also clarified that no person can be appointed / re-appointed to central govt. service after the age of superannuation of 60 years through contract.” 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/ Commissions / High Courts in the interest of law and justice. . I hereby enclosed all related documents for your consideration and decision.

I want the following information’s as under-

S.No INFORMATION SOUGHT REPLY
1. Pl. provide the name of the officers / scientists who is working after the age of superannuation of 60 years. Pl. provide the name of the officers / scientists.

2. Pl. provide the financial detail which obtained by these scientists. Pl. provide the total financial details obtained by these scientists.

3. Pl. provide the name of the officers who recommended their name for extension. Pl. provide the name .

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.01-11-2011. Cause for put up this application was the allegation of the corruption / misuse of the office during the Re-employment of the scientist. 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.

However in this 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:-

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 high no of scientists are working and take the financial and other benefits after the violation of the-
(i)- DOPT rules as DOPT letter no. dt.9th Dec.2002 regarding the grant of extension / re-employment to central govt. servants beyond the age of superannuation – issue of instructions regarding.-“ Re-employment : No proposal for employing a govt. servant beyond the age of superannuation of 60 years shall be considered. It is also clarified that no person can be appointed / re-appointed to central govt. service after the age of superannuation of 60 years through contract.”
(ii)- Defence Research Development (DRDO)Service Rules no-9-“Probation- Persons appointed to the grade of scientist ‘B’ of the service either by direct recruitment or by promotion or by re-employment before the age of superannuation ,shall be on probation for a period of 2 years. Persons appointed to any other grade of the service viz. scientist ’C’. scientist ’D’ .scientist ’E’, scientist ’F’ and scientist ‘G’ .either by direct recruitment or by re-employment before the age of superannuation ,shall be placed on probation for a period of one year; Provided that the Director General may extend or curtail the period of probation in accordance with the instruction issued by the central govt. from time to time; Provided further that in case where it is proposed to extend the period of probation, the Director General shall give notice in writing of his intention to do so, to the officer with in twelve weeks after expiry of the initial or extended period of probation”

3- 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:-

This RTI information is required to proof a corruption during the re-employment after the violation of the DOPT & DRDO service rules. I hereby enclosed all related documents for your consideration and decision.
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. Pl. provide the name of the officers / scientists who is working after the age of superannuation of 60 years. Pl. provide the name of the officers / scientists.
2. Pl. provide the financial detail which obtained by these scientists. Pl. provide the total financial details obtained by these scientists.
3. Pl. provide the name of the officers who recommended their name for extension. Pl. provide the name .

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