FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005To, Shri Surjan Pal, OS & Director DECS First Appellate Authority, DRDO RTI Cell, Room No. 240/B, DRDO Bhawan, Rajaji Marg New Delhi-110011
Subject: First Appeal under Section 19(1) of RTI Act 2005
Reference: Letter No. DMS/0369/RTI/101/44/Letter_2013 dated 26 August 2013 issued by PIO, DMSRDE, Kanpur
I am distressed by above referred decision of Public Information Officer, DMSRDE, Kanpur. I hereby submit this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.
1. Details of appellant:-
|Name||Prabhu Dayal Dandriyal|
|Address||21-Sunderwala, Raipur Dehradun-248008|
2. Details of Public Information Officer (PIO):-
|Name &Rank||Shri Sarvesh Kumar , Scientist ‘F ‘|
|Address||DMSRDE, GT Road, Kanpur-208013|
3. Particulars of Decision/Order of PIO against which appeal:-
Decision vide letter No. DMS/0369/RTI/101/44/Letter_2013 dated 26 August 2013. Copy enclosed as Enclosure -1.
4. Brief facts leading to appeal:-
(a) An application under Section 6(1) of RTI Act 2005 dated 25 July 2013 was submitted to PIO, DMSRDE, Kanpur for providing information regarding Development of Bullet Proof Jacket (BPJ) – 1293. Copy of the RTI application dated 25 July 2013 is enclosed as Enclosure-2.
(b) Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/101/44/Letter_2013 dated 20 August 2013 although it was clearly mentioned as Note in RTI application that required information is directly related to the corruption and not come under Schedule-II.
(c) PIO, DMSRDE, Kanpur rejected the RTI application dated 25 July 2013 on invalid, illegal, ultra vires & false reasons with mala-fide intentions to linger on the process of seeking information with an ulterior motive under direction of Director, DMSRDE, Kanpur (The Public Authority). This act of PIO, DMSRDE, Kanpur attracts action on PIO u/s 20 of RTI Act 2005.
(d) Appellant is intensely upset by the decision of PIO, DMSRDE, Kanpur and this leads to appellant to file an appeal u/s 19(1) of RTI Act 2005.
5. Reasons/Grounds for First Appeal:-
First Appeal is submitted to First Appellate Authority on following reasons/grounds.
(a) Under the provisions of section 24(1) of RTI Act 2005 the organisation notified under II Schedule of the Act are exempted from the information except when the information pertained allegations of corruption and human rights violations only.
(b) Appellant submitted an application dated 25 July 2013 under section 6(1) of RTI Act 2005 to PIO, DMSRDE, Kanpur for providing information as mentioned in application dated 25 July 2013 enclosed as Enclosure 2 to this FA.
(c) Information was denied by PIO, DMSRDE, Kanpur on the ground that “DRDO is placed in Second Schedule of RTI Act, 2005 and is exempted from disclosure of Information under Section 24(1) except for information pertaining to the allegations of Corruptions and Human Rights Violations“.
(d) The information sought by the appellant vide his application dated 25 July 2013 does not comes u/s 24(1) of the Act as per consistent views and decisions of Central Information Commission in various cases regarding organisation notified in Schedule II like DRDO.
(e) Information was denied on false and illegal grounds with mala fide intentions to harass the appellant from getting the information.
(f) PIO is not aware of recent views and decisions of CIC regarding DRDO(notified organisation under Schedule II), thereby he misused section 24(1) of the Act for denial of Information.
(g) Appellant is deeply distressed by invalid decision of PIO, DMSRDE, Kanpur, hence the First Appeal u/s 19(1) of RTI Act 2005 before FAA.
6. Prayer /relief sought for:-
Information sought vide RTI Application dated 25 July 2013 by appellant has been denied on false and invalid reasons by PIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to PIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 25 July 2013.
7. Grounds for prayer/relief sought for:-
1. CIC decisions on notified organisations under Schedule II of RTI Act 2005 like DRDO
(i) CIC in its various decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
(ii) CIC in its various decisions clarified that the exemption u/s 24(1) for DRDO (notified organisation under Schedule II) is only for Scientific/Technical/Strategic/national security information and not for the information of General nature/Estt. Matters/ Routine Correspondence/ all other information for which exemptions u/s 24(1) are not allowed.
(iii) These decisions of CIC are binding on all notified organisation under Schedule II (DRDO etc.), as these decisions of CIC has not been challenged till date in any court.
(iv) In this regard following decisions of CIC are listed for your kind information and consideration.
- CIC/LS/A/2012/002612 dated 22.03.2013 (Dr. Neelam Bhalla Vs DRDO)
- CIC/LS/A/2009/001073 dated 17.2.2010 (Navin Praksh Gupta Vs DRDO)
- CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
- CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
- CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
- CIC/LS/A/2010/001277 dated 2.3.2010 (Ram Manohar Singh Vs. DRDO)
- CIC/LS/A/2012/002599 & CIC/LS/A/2012/002146 dated 01.11.2012 (Virender Kumar Vs DRDO)
- CIC/LS/C/2012/001204 dated 9.8.2012 (Rajiv Chauhan Vs DRDO)
- CIC/SM/A/2009/001014/LS dated 09.11.2009 (Navin Prakash Gupta Vs DRDO)
- CIC/LS/A/2009/001073 dated 17 Feb 2010 (Navin Prakash Gupta Vs DRDO)
- CIC/SM/C/2009/00794, CIC/LS/A/2010/00015, CIC/LS/C/2010/000076 dated 18 June 2010 (Navin Prakash Gupta Vs DRDO)
(v) In these decisions CIC decided that “Immunity granted u/s 24(1) is only for scientific & strategic Information only“. All other information should be provided by all organisation notified under second schedule of the Act”.
2. Subject/nature of information sought is already in public domain and not related to strategic/national security/scientific /technical matters
Various GSQRs, their detail specifications, cost of BPJ, requirement of Army for BPJ, Tenders for procurements of BPJ & their purchase details are already in public domain by means of Parliamentary Reports, Parliamentary Questions, Print & Electronic media, various reports from MOD etc. Hence information sought is not confidential / secret.
Besides these the information sought is not pertaining to strategic/national security/scientific/technical matters.
3. Information sought is related to Estt. Matter/General Routine nature/ Purchase & procurement/Routine correspondence and permissible/allowed by CIC, even after the fact “DRDO is notified organisation under Schedule II”, in various decisions against DRDO.
4. Information sought is also related to allegations of corruption as already mentioned in RTI application dated 25 July 2013 and having angle of vigilance as per CVC Act. Under the provisions of Section 24(1) of the Act, the information should be pertaining to allegations of corruption only. No evidences or proofs of corruption are required for seeking information related to corruption as per RTI Act 2005. Instead the onus is on PIO to establish that information sought is not having vigilance angle and not pertaining to allegation of corruption.
I hereby state that the information and particulars given above are true to the best of my knowledge and belief.Prabhu Dayal Dandriyal 21-Sunderwala, Raipur Dehradun-248008 Landline -0135-2787750, Mobile – 9411114879 Email – email@example.com Website – www.corruptionindrdo.com
Date: 07th September, 2013
Enclosure: two(1) Letter from PIO, DMSRDE dated 26 Aug 2013 (2) RTI Application dated 25 July 2013 To, 25th July 2013 Shri Sarvesh Kumar,Scientist ‘F’ CPIO, DMSRDE, GT Road, Kanpur-208013
This is with reference to Parliamentary Standing Committee on Defence Report 2009-10 & 2010-11 and News published in print/electronic media regarding Development of Bullet Proof Jacket (GSQR-1293) by DMSRDE, Kanpur. Kindly provide the following information under RTI Act 2005.
- The date on which GSQR-1293 for BPJ was issued by AHQ to DRDO.
- Provide the copy of the letter from AHQ to DRDO for development of BPJ as per GSQR-1293.
- Provide copy of DRDO HQ letter by which DMSRDE was instructed to develop BPJ as per GSQR-1293.
- The date on which DMSRDE started to work on development of BPJ as per GSQR-1293 and the date on which BPJ-1293 developed successfully.
- PDC given by AHQ for development of BPJ-1293.
- Whether any team was constituted for development of BPJ-1293? If yes then provide name of the team members (Scientists, Technical Officers and Scientific Assistants etc) who worked on development of BPJ as per GSQR-1293.
- Whether any project has been sanctioned from the DRDO HQ for development of BPJ-1293?
- If yes then how much funds has been sanctioned for this Project?
- Provide the copy of sanction letter of the Project for development of BPJ as per GSQR-1293.
- If no Project was sanctioned from DRDO HQ for BPJ as per GSQR-1293 then from which head (Build-up etc) funds were arranged for Development and Fabrication of BPJ-1293?
- Provide total expenditure incurred in procurement of items(matrials) for development of BPJ-1293 including expenditure incurred on TA/DA to Officers & Employees, Government Transport and hired transport separately.
- Provide copies of DRDO.MM.06 (demand) and copies of supply orders for purchase of items/materials and services hired for development of BPJ-1293.
- Purchase of materials, items and services hired for fabrication of BPJ-1293 were made under which type of tendering process (Single Tender /Limited Tender/Open Tender/Global Tender)?
- Provide details of procurement of materials(items)/services hired/fabrication for BPJ-1293 in the
- Total expenditure incurred in creating facility in DMSRDE, Kanpur for R&D of BPJ-1293.
- Total expenditure incurred from public fund for TA/DA in Temp. Duty of officers and staff involved in development of BPJ-1293 for visiting site of vendor involved in development/fabrication of BPJ-1293 or to other places for work related to BPJ-1293.
- Total expenditure incurred from public fund on Govt. Transport and hired transport for transporting the materials up to the site of SM Pulp Packaging Pvt Ltd at New Delhi/Palwal.
- Names of private vendors/firms involved in development/fabrication of BPJ-1293.
- Whether SM Pulp Packaging Pvt Ltd is registered with DMSRDE. If yes then provide copy of Registration Certificate issued by DMSRDE to S. M. Pulp Packaging Pvt Ltd.
- Whether any award was given to BPJ-1293 team/group or Scientist for successful development of BPJ-1293 under Laboratory Level Award under DRDO Award Scheme for 2010-2011. If so then provide the
- Name of Scientists/Individual Scientist getting this award.
- Amout of award in Rupees for Laboratory Scientist of the year award.
- Copy of the minute sheet sanctioned by Director for this award.
- Copy of the letter forwarded by Head of the Division with name(s) of Scientists to Technical Coordination.
- Copy of the recommendation/proceeding of Award Committee constituted by Director for 2010-2011.
21. Whether facilities for fabrication of BPJ are available in Kanpur (Yes/No).
22. M/s M Kumar Udyog Pvt Ltd , Kanpur is also working on development/fabrication of BPJ at Kanpur. Provide the reasons on the ground of which DMSRDE did not utilized services of M Kumar Udyog Pvt Ltd, Kanpur for development of BPJ-1293 using Limited Tendering Process in order to save expenditure on TA/DA of Officials and hired Transport?
23. Copy of certificate issued by TBRL, Chandigarh for successful testing of BPJ developed by DMSRDE under GSQR-1293
24. Whether these BPJ-1293 was under gone Quality Control/Assurance test by QAG, DMSRDE. If so then how many BPJ-1293 were tested by QAG, DMSRDE.
25. Whether this BPJ-1293 was tested by another agency like CFSL Chandigarh etc? (Yes/No) If yes then provide the name of agency.
26. How many BPJ-1293 was fabricated by SM Pulp Packaging Pvt Ltd and total amount paid to SM Pulp Packaging Pvt. Ltd for the fabrication of said BPJ-1293?
27. Copy of the supply order placed for fabrication of mould/procurement of mould for BPJ-1293.
28. Whether user trials were conducted by Army for BPJ-1293. (Yes/No) If yes then how many BPJ-1293 were submitted to AHQ for unit/field testing?
29. AHQ (Army) accepted BPJ-1293 (Yes/No)
Enclosed- Rs 10 Postal order 12F 470728
Regards,Prabhu Dayal Dandriyal 21-Sunderwala, Raipur, Dehradun-248008, Phone – 2787750, Mobile- 9411114879, e-mail id firstname.lastname@example.org , www.corruptionindrdo.com