FAA Cabinet regarding Sh Avinash Chander Contractual Appiontment

Subject: First Appeal under Section 19(1) of RTI Act 2005

Reference: F. No. CABST/R/2014/60302-RTI dated 29 August 2014

Sir,

Aggrieved by decision of Shri Rajesh Nagpal, Under Secretary & CPIO, under the provisions of Section 19(1) of RTI Act 2005, First Appeal is submitted herewith foryourkind consideration and speaking orders.

1. Details ofappellant:-

 Details of Central Public Information Officer(CPIO):-

3.Particulars of Decision/Order of CPIO against which appeal:- Letter F. No. CABST/R/2014/60302-RTI dated 29 August 2014 from CPIO, ACC Cell, Cabinet Secretariat.

 4. Brief facts leading to appeal:

(a)       An application under Section 6 of RTI Act 2005 was submitted online to Shri Rajesh Nagpal, Under Secretary & CPIO on 01 August 2014.  Copy of the RTI application dated 01 August 2014 is enclosed

(b)       CPIO ACC Cell, Cabinet Secretariat denied/refused for information sought vide his decision letter F. No. CABST/R/2014/60302-RTI dated 29 August 2014.

(c)       CPIO denied for information under the provisions of Section 24 of RTI Act 2005.

(d)       Cabinet Secretariat, Rashtrapati Bhavan, New Delhi has not been placed in Second Schedule of RTI Act 2005 by Government of India.

(e)       Appellant is deeply aggrieved by this decision of CPIO, ACC Cell and this leads to appellant to file first appeal u/s 19(1) of RTI Act 2005.

5. Reasons/Grounds for First Appeal and Prayer/Relief:-

(a)     Information sought was related to Business & Charter of Appointment Committee of Cabinet, Cabinet Secretariat, Government of India. The information sought was regarding appointment of Secretary, Deptt. of Defence R&D(DRD), MOD by Appointment Committee of Cabinet, GOI.

(b)     Cabinet Secretariat, Rashtrapati Bhavan, New Delhi has not been placed in Second Schedule of RTI Act 2005 by Government of India.

(c)     The information sought or any part of it was not at all concerned with details of DRDO projects and therefore Section 24 does not apply on the information sought.

(d)     The custodian of information sought is ACC Cell, hence denial of information is illegal under RTI Act 2005.

(e)     The information was denied to conceal the facts related to irregularities & illegality in contractual appointment of Shri Avinash Chander, CC (R&D) as Secretary, DRD, MOD by ACC.

(f)      Under the provisions of Section 7 subsection(8) [Disposal of Request], reproduced for your ready reference:

Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—

(i) the reasons for such rejection;

(ii) the period within which an appeal against such rejection may be preferred;   and

(iii) the particulars of the appellate authority.

The CPIO should provide the period within which an appeal against such rejection may be preferred and particulars of the appellate authority but such information was not provided in his letter dated 29 August 2014. Thereby CPIO fails to perform his duties properly and violated the provisions of Section 7(8)(ii) &(iii) so that appellant could not file first appeal.

(g)     As a matter of fact, an another application under RTI Act 2005 was filed on 29^th January 2014 to CPIO, DOPT by appellant regarding contractual appointment of Shri Avinash Chander as Secretary, DRD, MOD. (Annexure FA3)

(h)     The same application under RTI Act 2005(Annexure FA3) was transferred by DOPT vide letter No. 39/3/2014-EO(SM-I) dated 16-04-2014 to CPIO, ACC Cabinet Secretariat. The information sought in the said application under RTI Act forwarded by DOPT to ACC, Cabinet Secretariat was provided to the appellant by Shri K.A. Avinash, US & Link CPIO, ACC vide letter No. F 12015/277/2014 dated 19 May 2014.(Annexure FA4)

(i)       It is very surprising that same nature of information was provided by one CPIO of ACC, Cabinet Secretariat vide letter dated 19 May 2014 but now the same nature of information was denied by another CPIO, ACC on false & illegal grounds.

(j)       The information sought is neither related to DRDO nor DRDO is custodian of the information sought, information sought is not at all related to charter & activities of DRDO, ACC is sole custodian of the information sought and information sought is pertaining to activities, charter & business of ACC under Allocation of Business Rules 1961.

(k)     The denial of information by misusing section 24 of RTI Act 2005 by CPIO, ACC is motivated to protect the interest of particular officer and to conceal irregularities committed by ACC in appointment of Shri Avinash Chander as Secretary, DRD, MOD.

(l)       CPIO denied information on illegal grounds with malafide intentions to harass the appellant.

6. Prayer /relief sought for:-

Appellant sought information vide his application dated 01 August 2014 under RTI Act to CPIO, ACC, Cabinet Secretariat and the information sought was denied by CPIO, ACC. Therefore, it is kindly prayed to FAA, ACC, Cabinet Secretariat that the orders may kindly be issued to CPIO, ACC, Cabinet Secretariat to provide the information sought by appellant in RTI Application dated 01 August 2014 based on the grounds/reasons mentioned above in Para(5).

7. Declaration:-

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

Registration Number            CABST/A/2014/60037

To                                                                                                                            1st August 2014
Shri Rajesh Nagpal,
Under Secretary & CPIO,
Cabinet Secretariat,
Rashtrapati Bhawan,
New Delhi-110 004

Hello,
Kindly provide me with the following information requested under the purview of the Right to Information (RTI) Act, 2005 in respect of Para (2) of appointment letter No. I2/9/2013-EO (SM.I) dated 31st May 2013 regarding appointment of Shri Avinash Chander, Distinguished Scientist & Chief Controller Research & Development (Missiles &Strategic Systems), DRDO as Secretary, Department of Defence Research & Development-cum-Director General, Defence Research and Development Organisation and Scientific Adviser to Raksha Mantri for a period of three years. The appointment of Shri Avinash Chander beyond his date of retirement i.e. 30.1 1.2014, would be on contract basis with the same terms and conditions as he would be entitled to Secretary (DRD) before the date of retirement.(Copy Annexed)

1.Provide copy of Contract Agreement between Government of India and Shri Avinash Chander for the reemployment on contract basis during the period 01 Dec 2014 to 31 May 2016.
2. Provide provisions and rules of Government of India under which Shri Avinash Chander was appointed on contract basis as Secretary, Department of Defence Research & Development-cum-Director General, Defence Research and Development Organisation and Scientific Adviser to Raksha Mantri after his normal retirement and completion of two extensions up to the age of 64 Years.
3. Whether an official appointed on contract after retirement can function as Head of Office for all administrative & financial matters in the department.(Yes/No)
4.File noting for appointment of Shri Avinash Chander as Secretary, Department of Defence Research & Development-cum-Director General, Defence Research and Development Organisation and Scientific Adviser to Raksha Mantri.
5. Whether appointment after age of 64 years violates provisions of FR 56(d). (Yes/No)

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