Private cars with registration No. UP78 BS 1144 and UP78 CP 6510 using DMSRDE for commercial purpose

Subject: Application under Right to Information Act 2005

Hello,

Kindly refer to following decisions of Central Information Commission and verdict given thereof in these decisions.

1. File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla vs. DRDO) Verdict – “It is, no doubt, true that DRDO is an exempted organisation; yet it has been the consistent view of this Commission that the benefit of exemption extends only to functional / operational matters and not to establishment related routine matters. The legality of this view has not been challenged in the relevant judicial forum so far”.
2. CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
3. CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
4. CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)

CIC in its above mentioned 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.

In light of the above decisions of CIC, Kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

1. Total No.  of transport/vehicles available in MT Division DMSRDE.
2. Provide following information in respect of all vehicles available in DMSRDE.

• Type of vehicle, Brand name, Manufacturer
• Date of Purchase, purchase cost and source of fund(Build up/Project etc)
• Present depreciated cost as on 31.10.2013
• Average distance run /traveled by each vehicle in the year 2012-2013 separately for
• each vehicle.
• Total expenditure on maintenance of each vehicle separately in the year 2011-2012 and 2012-2013.

3.      How many CMTD /MTD are posted in MT Division?
4.      Mode of tendering for selection of vendors for hired vehicles (Local Board/Single            Tender/Limited Tender/Open Tender/Repeat Order) for the following years.

• 2010-2011
• 2011-2012
• 2012-2013
• 2013-2014

5.     Total budget of MT Division years 2010-2011, 2011-2012 and 2012-13.
6.     Total expenditure and payment made for hired vehicles/transport for the years 2010-2011, 2011-2012 and 2012-13 along with name of vendor to whom the payment made.
7.      Provide expenditure incurred on various heads for the years 2010-2011, 2011-2012 and 2012-13.
8.      Provide information about vendor/firm which got contract for hired vehicles and amount paid to these vendors  in following format

 9.      Amount of Service Tax  that has been paid by DMSRDE to Vendor as reflected in bills submitted by vendor for depositing in Custom, Excise & Service Tax Department in following format

10. Provide copies of CST (Comparative Statement) after opening of quotations duly approved by competent authority for the years 2011-2012, 2012-2013 and 2013-2014 for giving contract to vendors for hired vehicles services in DMSRDE.
11. Provide copy of supply order placed for hiring private vehicles/transport for the FY 2011-2012, 2012-2013 and 2013-2014 in DMSRDE.
12. Copy of contract with terms & condition and rate (usage charges) for the year 2012-2013 and 2013-2014.
13. Whether any extension of contract for hired vehicle has been given to any vendor for during the years 2012-2013 and 2013-2014. (Yes/No)
14. If answer to point (13) is yes then provide copy of rules under PM 2006 by which extension for contract of hired vehicle services (Repeat Order) could be given to vendor without going in fresh bidding.
15. Details about maintenance of vehicles/transport available in DMSRDE for each vehicle/transport in following format

16.  Status of vehicle (operational/Non operational) available in DMSRDE when services of hired vehicles were utilized.
17. Whether hired vehicles provided by vendor Super India Travels, Rama Devi, Kanpur with following registration number are registered at RTO, Kanpur under category of Taxi for commercial purposes. Registration & Details of vehicles are

(a)   UP78 BS 1144 ( Indica Car White Color with white number plate)

(b)   UP78 CP 6510 (Indigo CS White Car with white number plate)

18. If answer to point (17) is Yes then provide copy of registration certificate issued by RTO Kanpur for said vehicles under Taxi for Commercial purpose.
19. If answer to point (17) is No then provide the grounds on which vendor not having proper registration under Taxi from RTO, Kanpur was allowed to provide services in DMSDRE.
20. The details of Vendor Registration Committee at DMSRDE with name & designation of Chairman and members.

The color of the number plates used in cars with registration No. UP78 BS 1144 and UP78 CP 6510 provided by vendor for hired services are not Yellow. The color of these no. plates are White. It establishes that cars used for hired transport in DMSRDE are not registered under TAXI FOR COMMERCIAL PURPOSE. Also the said vendor is not registered at Custom & Excise Department under Service Tax category and not depositing any Service Tax for hired vehicles services at DMSRDE.

Therefore the Information Sought is pertaining to Allegations of Corruption and as such not exempted u/s 24 of the RTI Act 2005.

The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act.

An IPO of Rs. 10/- as application fee (IPO No. 17F 549289) is annexed as Annexure-1.

Annexure:-

1. IPO of Rs. 10/- , with IPO No.   17F 549289   as application Fee.