Subject: Application u/s 6(1) of Right to Information Act 2005
Sir,
This is with reference to your Minute Sheet No. AE/Gen Admin/13/0578 dated 26 September 2013 issued by Dr. D.N. Tripathi, Addl. Director (Admin).
Vide this order all officers & employees of DMSRDE were ordered to park their vehicles in parking area/shades near CSD Canteen with effect from 01 October 2013.
DRDO rules & procedures for construction work (minor/major) did not allow & authorize Director, DMSRDE, Kanpur to construct any building/shade/parking area or erection of any structure with in the premises of Technical and Residential area, DMSRDE.
MES(Military Engineering Services) and CCE(R&D) are the only agencies authorize for any construction of building , to execute minor & major work in buildings, construction/erecting of shades/parking area etc in Technical & Residential area of DMSRDE.
It is also quite evident from Minute Sheet No. AE/Gen Admin/13/0578 dated 26 September 2013 that there exists building of CSD Canteen in DMSRDE near newly constructed parking area/shade.
Kindly refer to following decisions of Central Information Commission and verdict given in these decisions.
- 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”.
- 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/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
CIC in their 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 decisions of CIC and facts mentioned above, kindly provide the following information under Section 6(1) of RTI Act 2005.
INFORMATION SOUGHT
- The name of authorized agency for construction of parking area/shade in Technical and Residential area of DMSRDE, Kanpur as per Guidelines/Procedures/Rules .of DRDO.
- The name of the agency viz MES/CCE(R&D)/Director, DMSRDE, Kanpur which constructed the said two shade for parking area near CSD Canteen, DMSRDE.
- Provide the copy of letter sent to GE (R&D), MES, Kanpur or CCE (R&D), New Delhi for construction of these two shades for parking area near CSD Canteen, DMSRDE.
- Provide copy of the sanctioning letter by Director, DMSRDE or by DRDO HQ to sanction minor/major work to carry out the construction of two shades for parking area.
- Total expenditure incurred in construction of two shades for parking area near CSD Canteen.
- Whether these two shades for parking area has been developed by Director, DMSRDE. (Yes/No).
- If answer to point (6) is yes then provide the following information
i. Name of vendor to whom the supply order was placed for construction of two shades in parking area near CSD canteen.
ii. Copy of supply order placed for construction of two shades in parking area near CSD Canteen.
iii. The total expenditure incurred in construction of two shades in parking area near CSD Canteen.
8. Whether any material like Cement Sheets, iron pipes, iron angles and hooks etc were purchased by MMG/Estate & Works Division/other Division under Director, DMSRDE.(Yes/No) for construction of two shades for parking area near CSD Canteen.
9. If answer to point (8) is yes then provide the copy of supply order issued by Head MMG/Director, DMSRDE to the said vendor who supplied the material for construction of two shades in parking area.
10. Name of vendor who supplied the material used for construction of two shades for parking area near CSD Canteen, DMSRDE.
11. The name of vendor who carried out construction work to erect two shades in parking area near CSD Canteen.
12. Whether said vendor is registered at DMSRDE for construction work/supply of store & items etc. Yes/No.
13. If answer to point (12) is yes then provide the copy of registration certificate issued by Director, DMSRDE to that vendor.
14. Mode of tendering for procurement of materials used to erect/ construction of two shades in parking area.
15. Provide copy of form DRDO.MM.06 duly filled for procurement of materials required for constructions of two shades for parking area near CSD Canteen.
16. Provide copy of CST in case mode of tendering was Limited Tender/Open Tender.
17. How many parking shades/areas were existing in DMSRDE premises for parking the vehicles, prior to construction of these two shades in parking area near CSD Canteen?
18. Prior to issue of order dated 26 September 2013, in which place the vehicles of officers & employees were parked in DMSRDE.
19. How many four wheelers and two wheelers are daily coming in DMSRDE premises along with officers & employees of DMSRDE.
20. How many four wheelers could be parked in the two shades for parking area near CSD Canteen?
21. Reasons for taking decision to park all the vehicles by all the officers & employees of DMSRDE in two shades in newly constructed parking area near CSD Canteen.
22. Whether all the vehicles (four wheelers & two wheelers) of officers & employees of DMSRDE could be parked in two shades recently constructed for parking area near CSD Canteen. (Yes/No)
23. If answer to point (22) is No then provide the numbers of four wheelers that could be parked in two shades in parking area near CSD Canteen.
24. From which head of budget of DMSRDE, the funds were sanctioned for construction of these two shades in parking area by private vendor or purchase of material required for construction of two shades in parking area near CSD Canteen.
25. M/s Gupta Constructions, Gandhi Gram, Krishna Nagar, Kanpur is registered in DMSRDE as a vendor for supply of which kinds of store items and to provide which kind of services to DMSRDE.
26. Provide copy of registration certificate issued to M/s Gupta Constructions, Gandhi Gram, Krishna Nagar, Kanpur by Director, DMSRDE.
27. The date on which the said two shades for parking area near CSD Canteen were ready after construction and work completion and clearance certificate was issued to vendor for payment.
28. Since how long (the exact date) the CSD Canteen is operational/ existing/running in DMSRDE, Kanpur.
29. In which building of DMSRDE the CSD Canteen is running/existing. Provide the building number and exact nomenclature of that building.
30. Few months back, electrical power of CSD Canteen was cut down by GE (R&D), MES, Kanpur for about 15 days. Provide the copies of correspondence between MES and DMSRDE on the issue of disconnecting the electrical power in CSD Canteen building.
31. Whether the said building in which CSD Canteen is running presently, was specially built for CSD Canteen purpose or earmarked for CSD Canteen. (Yes/No)
32. If answer to point (31) is yes, then provide the letter/order by which CSD Canteen building was constructed by MES in DMSRDE.
33. If answer to point (31) is No, then provide the exact nomenclature/name of building in which CSD Canteen is running presently in DMSRDE.
The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24(1) of the RTI Act.
The information sought in this RTI Application is pertaining to allegations of corruption and as such not exempted u/s 24(1) of the RTI Act.
An IPO of Rs. 10/- as application fee (IPO No.17F549290) is annexed as Annexure-1.
Date: 04 October, 2013
(Prabhu Dayal Dandriyal) 21-Sunderwala, Raipur Dehradun-248008 UttarakhandAnnexure:-
IPO of Rs. 10/- , with IPO No.17F549290
Ref CVC says
Dear Prabhu dandriyal Sir,
Please download following document form Central Vigilance Commission web site & ask the information as per CVC rules.
1.) No. 005/ORD/ Dated 10th March, 2005 OFFICE ORDER NO. 11/3/05
Sub: Delays in Payments to Contractors & Suppliers etc. – Reducing
opportunities for corruption reg.
2.) No.005/VGL/4 Dated the 1st September 2006 Circular No. 31/9/06
Subject: Posting of details on award of tenders/contracts on websites/bulletins.
3.) No.005/VGL/4 Dated the 16th March 2005 Office Order No.13/3/05
Subject: Details on award of tenders/contracts publishing on Websites/
Bulletins.