Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of DMSRDE, Kanpur.
- Government of India constituted ‘National Investigation Agency’, (NIA) under ‘NATIONAL INVESTIGATION AGENCY ACT, 2008’. Para 6. (2)Chapter-II of this act states that:
- Subject to any orders which the Central Government may make in this behalf, officers of the Agency shall have throughout India in relation to the investigation of Scheduled Offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers have in connection with the investigation of offences committed therein.
2. Para 6. (4)Chapter-II of this act states that:
- Where the Central Government is of the opinion that the offence is a Scheduled Offence and it is a fit case to be investigated by the Agency, it shall direct the Agency to investigate the said offence.
3. The Act clearly states that only Government of India can constitute any enquiry that is detrimental to the security of nation. In case of Ministry of Defence, only and only Defence Minister can refer such cases to ‘National Investigation Agency’, (NIA).
4. Two separate interviews of Dr. A. K. Saxena, Director DMSRDE at Kanpur, have been published in a local Newspapers, “DANIK JAGRAN, Kanpur” and ‘HINDUSTAN, Kanpur” on 16 January 2014. The clips of news are enclosed as ‘Annexure-I’ and ‘Annexure-II’. Kindly provide the following information u/s 6(1) of RTI Act 2005.
- Has Dr. A. K. Saxena taken mandatory permission for this press briefing from either Director General (NS &M) or Director of ‘Directorate of Interface’? (YES/NO)?
- Please provide the copy of permission letter from competent authority for briefing the press by Dr. A. K. Saxena, Director, DMSRDE, if any
- Please provide the copy of approval of competent authority of DRDO Hqrs for the statement of Dr. A. K. Saxena, Director, DMSRDE given to the news papers.
- Has the Minister of Defence referred any such case against some of employees of DMSRDE to NIA? (YES/NO)
- If the answer of query 1 is YES, then please provide a copy of such communication.
- If the answer of query 1 is NO, then has Dr. A. K. Saxena, Director DMSRDE Director misrepresented the facts in his press briefing to the correspondents of ‘Danik Jagran, Kanpur’ and ‘Hindustan, Kanpur’? (YES/NO)
- If the answer to query 3 is YES, please provide the rules and the details thereof that have been broken by Dr. A. K. Saxena.
- If the answer of query 4 is YES, then provide a copy of such communication.
- If the answer of query 4 is NO, has Dr. A K Saxena breached the rules, regulation and guidelines issued by ‘Directorate of Interface’ (YES/NO)?
- Keeping in view, ‘PREVENTION OF CORRUPTION ACT, 1988’’, ‘CENTRAL VIGILANCE ACT 2003’, recently passed ‘LOKPAL AND LOKAYUKTAS ACT 2013’ and pending PUBLIC INTEREST DISCLOSURE AND PROTECTION TO PERSONS MAKING THE DISCLOSURE BILL, 2010, Does any communication on matter of CORRUPTION constitute passing of SECRET/CONFIDENTIAL information (YES/NO)?
- If the answer to query 8 is YES, has Dr. A K Saxena made a fictitious and false statement (YES/NO)?
- As claimed in the interviews by Dr. A K Saxena, has secret information has been leaked out by some scientists / employees of DMSRDE other than malpractices, subversion of purchase rules in the procurement of stores (YES/NO)?
- As claimed in the interviews by Dr. A K Saxena, has he communicated the list of scientists / employees of DMSRDE to Headquarters (YES/NO)?
- If the answer to query 11 is YES, please provide the names of these officers and employees.
- If the answer to query 8 is YES, please provide the details of secret information
- All the ACTS mentioned in Para-7, authorize the Head of an Organization, i.e., Scientific Advisor to Raksha Mantri to take suo-moto cognizance of CORRUPTION ISSUES. Has Scientific Advisor to Raksha Mantri taken suo-moto cognizance of corruption, subversion of DRDO PURCHASE MANUAL 2006 rules and regulation and the malpractices perpetuated by Dr. A. K. Saxena, Director DMSRDE (YES/NO)?
- If the answer of query 10 is YES, has an enquiry committee been formed to look into massive corruption perpetuated by Dr. A K Saxena in DMSRDE (YES/NO)?
- If the answer of query 11 is YES, then please provide the details of such enquiry committee, including chairman and all the members been
- If the answer to query 10 is NO, also that DRDO does not take suo-moto cognizance of CORRUPTION till the corrupt officer is caught red handed and arrested by CBI, than please provide the details of the existing mechanism for eradication of CORRUPTION MENACE in DRDO
- The information sought is pertaining to Establishment matter and as such not exempted u/s 24 of RTI Act 2005.
- This is to inform that Central Information Commission 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.
- Besides purchase and establishment matter the information sought is pertaining to allegations of Corruption and as such not exempted u/s 24 of RTI Act 2005.
Registration Number – MODEF/R/2014/60109