Tag Archives: ACC

FAA Cabinet regarding Sh Avinash Chander Contractual Appiontment

To,
Dr. Amarpreet Duggal
FirstAppellateAuthority
ACC Cell, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi-110011
 

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:-
Name Prabhu Dandriyal
Address 21, Sunderwala,Raipur, Dehradun-248001,Uttarakhand

 Details of Central Public Information Officer(CPIO):-

Name & Design. Shri Rajesh Nagpal, Under Secretary & CPIO
Address ACC Cell, Cabinet Secretariat ,Rashtrapati Bhavan,New Delhi-110011

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.

  1. 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 29th 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.

  1. 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).

  1. Declaration:-

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

Regards
Prabhu  Dandriyal,
21-Sunderwala, Raipur, Dehradun -248008 
0135- 2787750,   9411114879,
prabhudoon@gmail.com    www.corruptionindrdo.com

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.comcabinet RTI reply

SA appointment order0001 (1)avanash chander recuirtment details

RTI- Dr. V. Bhujanga Rao double extension – international stature ???? Patent ????

To                                                                                  30th July 2014
Sh B.Bandopadhyay,
CPIO & Under secretary, (Estt.A-IV),
R.No.202, North Block, 
Department of Personnel & Training, (DOPT),
New Delhi-110001

Hello,

Kindly provide me with the following information requested under the purview of the Right to Information (RTI) Act, 2005 in respect of Dr. V. Bhujanga Rao, Distinguished Scientist is holding the post of DG, (NS&M) in DRDO. He got extension two times in the service beyond the age of superannuation under the 2nd and 3rd proviso of FR 56(d) and various OMs issued by DOPT, MOP PG&P. Details of the extensions granted to him by ACC are given below.

Dr. V. Bhujanga Rao,              -DOB: 10 Oct 1951

Extension-I for 60 -62 years 0 -1 Nov 2011 to 31 Oct 2013

Extension-II for 62-64 years – 01 Nov 2013 to 31 Oct 2015

The procedure for grant of extension to the Scientists is laid down in DoPT DO letter No. 28/19/2000-EO(SM-II) dated the 10th July, 2000, OM No. No. 26012/6/2002-Estt. (A) dated 9th December 2002, OMNo. 26012/8/2011-Estt. (A) dated 16 May 2011, OM No. 26012/12/2013-Estt.(A) dated 13 June, 2013 and OM No. 26012/7/2013-Estt.(A.IV) dated 26 Jun 2013.

The DPRCs must give detailed justification for such extension based on merits of the case, the international stature of the person recommended and also indicates whether this will block promotion opportunities of others in the Department. (Para3 of OM No. 26012/8/2011-Estt. (A) dated 16 May 2011)

  1. File Noting of Departmental Peer Review Committee (DPRC) constituted by DOPT vide OM No. 20012/15/2010-Estt(A-IV) dated 4th May 2011 for recommending extension in service after superannuation from 60-62 years.
  2. File Noting of Appointment Committee of Cabinet (ACC) for granting the extension in service after superannuation from 60-62 years.
  3. File Noting of Departmental Peer Review Committee (DPRC) constituted by DOPT vide OM No. 26012/7/2013-Estt.(A.IV) dated 26 June 2013 for recommendation of the extension in service after superannuation from 62-64 years to Screening Committee.
  4. File Noting of Screening Committee headed by the CabinetSecretary constituted by DOPT vide OM No. 26012/12/2013-Estt.(A) dated 13 June 2013for recommendation of the extension in service after superannuation from 62-64 years to ACC.
  5. File Noting of Appointment Committee of Cabinet (ACC) for granting the extension in service after superannuation from 62-64 years.
  6. Criteria for deciding International Stature of a Scientist for consideration to grant extension from 62-64 years as required vide Para 3 of OM No. 26012/8/2011-Estt. (A) dated 16 May 2011.
  7. Whether Dr. V. Bhujanga Rao, Distinguished Scientist, DRDO, Ministry of Defence is having International Stature as required for extension from 62-64 years.(Yes/No)
  8. If answer to point (7) is yes then provide the copy of justification given by DPRC or Screening Committee to ACC.
Regards
Prabhu  Dandriyal
21-Sunderwala, Raipur, Dehradun
Ph   0135 2787750, Mobile 9411114879,
e-mail id prabhudoon@gmail.com  website   www.corruptionindrdo.com

Registration Number       DOP&T/R/2014/62699

RTI – Regarding Appointment of SA to RM, DG, DRDO, Secretary, Defence R&D

To                                                                                   30th  January 2014
Sh. Subandhu Basu, CPIO,
US (SM-I),
Room no. 23,North Block,
New Delhi

Hello,

Shri Avinash Chander, DS & CCR&D (M&SS) was appointed as Secretary Department of Defence Research & Development-cum Director General, Defence Research & Development Organisation and Scientific Advisor to Raksha Mantri vide order No.12/9/2013-EO(SM.1) dated 31st May 2013 of DOPT. Dr. VK Saraswat was SA to RM, DGR&D, DRDO and Secretary (DR&D) from 01st September 2009 to 31st May 2013. Shri M. Natrajan was SA to RM, DGR&D, DRDO and Secretary (DR&D) from 31st August 2004 to 31st August 2009.

In reference to the above kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. Provide copy of Minute Sheet & File Noting of the Appointments Committee of the Cabinet (ACC) approval for appointment of Shri Avinash Chander as Secretary Department of Defence Research & Development-cum Director General, Defence Research & Development Organisation and Scientific Advisor to Raksha Mantri with effect from 31st May 2013.
  2. Provide copy of Minute Sheet & File Noting of the Appointments Committee of the Cabinet (ACC) approval for appointment of Dr. V.K. Saraswat as Secretary Department of Defence Research & Development-cum Director General, Defence Research & Development Organisation and Scientific Advisor to Raksha Mantri with effect from 01st September 2009.
  3. Provide copy of Minute Sheet & File Noting of the Appointments Committee of the Cabinet (ACC) approval for appointment of Shri M. Natrajan as Secretary Department of Defence Research & Development-cum Director General, Defence Research & Development Organisation and Scientific Advisor to Raksha Mantri with effect from 31st August 2004.
  4. Criteria adopted for selection of SA to RM, DGR&D & Secretary (DR&D) in appointments of Shri M. Natrajan, Dr. VK Saraswat and Shri Avinash Chander. (Seniority or Personal achievements & Qualification or any other)
  5. Provide the copy of guidelines and rules for selection and appointment of the candidate as SA to RM, DGR&D & Secretary (DR&D) as per orders & procedures of Government of India
  6. The tenure and age for which DGR&D, DRDO, SA to RM and Secretary, DR&D could remain on this post.
  7. Reasons & Justification mentioned in appointment for giving three ranks/posts to a single person in DRDO by Government of India.
  8. Whether any person except SA to RM, DGR&D, DRDO and Secretary, DR&D) at top level/Secretary level under Govt of India has been assigned three ranks/posts simultaneously till so far. (Yes/No)
  9. If answer to point (8) is yes then provide the post/rank and name of the persons holding three posts simultaneously.

Regards

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

Registration Number            DOP&T/R/2014/60398 

DRDO’s Extension Counter- for DRDO’s Top Corrupt Officials

To                                                                                                                    22th August 2011 
The Honorable Prime Minister
PMO, South Block
New Delhi -110011

Subject: Grant of Extension of service of Scientists beyond the age of superannuation

Honorable Sir,                                                                                                                                                                Department of Personnel and Training O M No.26012/8/2011-Estt. (A) Dated the 16th May, 2011 stats that the laid down criteria for extension of service to the scientist should be in term of proviso to

i)        FR 56 (d)

ii)      Departmental Peer Review Committee (DPRCs) headed by the Secretary of the Scientific  Departments are constituted by the DOP&T with the approval of Prime Minister for a term of  2 years to consider the cases of extension of service of scientists beyond 60 years and up to                    62 years.

iii)    Extension of service of eminent scientists of international stature

iv)    Indicate whether this will block promotion opportunities of others in the Department

v)      Will be processed further for approval of ACC through the office of the Establishment Officer

Sir, the above guidelines thoroughly overruled by DRDO establishment. When Dr APJ Kalam was granted extension of service he had the expertise and international recognition in his field (Missile Technology). Dr M Natrajan was granted extension on the basis of his work in MBT (Arjun Tank). Dr U R Rao, ISRO got extension because of his contribution in space technology.

DRDO, once Dr V K Atre became, SA to RM overruled the guidelines of DoPT provisions for extension. A new culture was established that is those scientists who were close to Dr Atre they were recommended for extension without justifying  their contributions to science & technology. Afterwards the secretary of DRDO used this tool for those who are expert in misappropriation and manipulation of Government funds and misinterpretation of Government rules to their personal benefits.

These scientists nowhere stand as per guidelines of FR 56 (d) and you will find most of cases the scientists are involved totally in administrative job for years. Interestingly Secretary DRDO removed the required paras of Annexure FR 56 (d) where it states the justification why his service is needed and the details of contributions are thoroughly overruled.

Surprisingly, no one pointed these corrupt practices in the process of granting extension. Some applications which I have received by RTI from DoPT are enclosed for your ready reference. Which are the self explanatory, under the name of Defence research and under the shadow of official Secret Act 1923 and the bonafide possession of CCS Rules 1965 they have be-fooled the DoPT,PMO,ACC etc.

DRDO at an interval of every three months gives extension to at least 10-12 scientists, out of which not a single scientist deserve the recommendation as per guide lines of DoPT O M No.26012/8/2011-Estt. (A) Dated the 16th May, 2011 Normally DRDO Hqrs recommend extension to the (Service Provider) like Sh T Mohan Rao, Ex Director, GTRE (Massage Parlour Fame), DRDO recommend Dr S K Vasudeva of SPIC even beyond 64 years of age as he arranged the all cocktails parties + in 5* with help of CS Constructions etc and provide Mrs Kanimozhi‘s methods routing money through her daughter’s firm M/S M V- Grfix as IB already reported to PMO.

DRDO recommends the name of scientists/Directors who manage the misappropriation of funds of projects/ programs. As an example the case of Sh R C Aggarwal, Director, DEAL, Dehradun and Sh Iqbal Singh of IRDE, Dehradun Sh R C Aggarwal joined as Charge-man and become Director, DEAL as Scientist ‘G’ in 2007.

He has no international publications,
No patents,
No significant contribution in any projects at LRDE, NPOL, DLRL and DEAL where he was posted earlier

As a director he wrote an essay (cut paste copy technology) on Software Defined Radio and prepared a proposal for sanction having 60 sub contracts paras. This proposal opened up an avenue to distribute poor tax payer’s money. Rs 100 Crores sanctioned for SDR project and with few months he was promoted as Scientist ‘H’ and also got extension for two years and waiting Scientist for Director’s post Sh K N Rao of DEAL died with shock (Heart Attack).

Sh R C Aggarwal’s extension was  recommended by Dr Arun Kumar, DOP, DRDO who was Scientist ‘E’ in 2001 when Sh R C Aggarwal was Scientist ‘F’. The DPRC which recommended Sh R C Aggarwal had a external member Dr P S Goel, Charman, RAC, whose contribution in ISRO as scientist is big zero, No international publications, No patents, only cut copy paste technology expertise.

Sh R C Aggarwal spent Rs 10 Lakh on TA/DA per year so he is able to contribute Rs 1.25 Lakhs per month in GPF account. As he is using Red beacon on his vehicle drawing Transport allowance using official driver in private car for fooling department.

Sh R C Aggarwal very bluntly says “the development of SDR will take 20 years time” and the PDC of SDR is 36 months.

Dr S C Jain who is enjoying extension but in the same time did not get the promotion to Scientist ‘H’, when he was not fit for promotion then how come he was recommended for extension in service, it can only happened in DRDO.

He has no international publications,
No patents,
No significant contribution in any projects at DEAL

But he is master in manipulation of government funds and misinterpretation of government rules in the interest of his boss. The reason he was benefited, was to get extension and job for his son who has fake qualification.

Sh Iqbal Singh Scientist ‘H’, IRDE, Dehradun got extension without justification of his scientific contribution.

He has no international publications,
No patents,
No significant contribution in any projects at IRDE

Only significant contribution is misappropriation of government funds, he gave orders to a firm where his son works

Dr S S Sundaram, Director, IRDE, Distinguished Scientist got extension for his golden achievement in project SAMYUKTA (Electronic Warfare),  it is well known that Project SAMYUKTA started with Rs 250 Crores initial cost in May 1994 and when buried   unceremoniously in 2006 it consumed Rs 6000 Crores of poor tax payer’s money.

Dr Arun Kumar, DOP, DRDO never did science and there is no question of scientific contribution. He is master in manipulation the governments rules and extend the path of favoritism to benefit DRDO’s top brasses wards. Appointment of his own daughter as scientist ‘B’ by violating all recruitment rules of DRDO. The enquiry is going on without any result like DRDO projects because the chairman of enquiry Dr Salwan, Ex DRDO scientist got Rs 80 Lakhs project with Rs 1 Lakh/month salary from Dr Arun Kumar itself.

The Honorable Prime Minister is requested to stop this criminal act of DRDO’s extension business, which they are recommending without justification. Please go through the recommended applications of DRDO scientists which I have received from DoPT through RTI.

Sir, this is the major reason of brain drain in DRDO because I am receiving lot of mails of ex DRDO young scientists from all over the world in my website www.corruptionindrdo.com, they share their experiences in this pathetic condition of DRDO.

Thanking you

Regards
 
 Prabhu Dayal Dandriyal
21-Sunderwala, Raipur, Dehradun-248008
Phone – 2787750, Mobile- 9411114879,
E-mail id prabhudoon@gmail.com,  prabhu@dandriyal.com
Website –  www.corruptionindrdo.com

Enclosed:

  1.   Extension applications of DRDO scientists
  2.  FR 56 (d) annexure for comparison the truth 

 Copy to.

  1. Defence Minister, Room No 104- South Block, New Delhi- 110011
  2.  Shri Shashi Kant Sharma, Defence Secretary, Room !01- South Block, New Delhi – 110011
  3.  Ms. Alka Sirohi,  Secretary (Personnel), Room No 112, North Block-110011
  4.  Dr V K Saraswat, D G (R&D), DRDO Bhawan, Rajaji Marg, New Delhi=110105
    FR 56 (d) comparison
    No.26012/8/2011-Estt. (A)
    Government of India
    Ministry of Personnel, Public Grievances and Pensions
    (Department of Personnel and Training)
    North Block, New Delhi,
    Dated the 16th May, 2011

    OFFICE MEMORANDUM

    Subject:  Grant of Extension of service of Scientists beyond the age of superannuation – Issue of instructions regarding.

    The undersigned is directed to refer to Department of Personnel & Taining O.M. No.26012/6/2002-Estt.(A) dated 9.12.2002 (copy enclosed) on the subject mentioned above laying down the criteria for considering cases of extension of service of Scientists in terms of proviso to FR 56(d) and to state that the guidelines for extension of service of eminent scientists of international stature beyond 62 years have been further reviewed as a need has been felt for a rigorous Peer group screening by an inter disciplinary Committee of experts.

    2.   Departmental Peer Review Committee (DPRCs) headed by the Secretary of the Scientific Departments are constituted by the DOP&T with the approval of Prime Minister for a term of 2 years to consider the cases of extension of service of scientists beyond 60 years and up to 62 years.

    3.   It has now been decided with the approval of Prime Minister that the existing/reconstituted Departmental Peer Review Committee shall also do the first stage screening of Scientists for their extension beyond 62 years of age and thereafter the DPRCs’ recommendations will be placed before the Committee under the Cabinet Secretary provided that the DPRCs’ have at least two outside experts apart from Secretary (Personnel & Training). The DPRCs must give detailed justification for such extension based on merits of the case; the international stature of the person recommended and also indicates whether this will block promotion opportunities of others in the Department. Such recommendations of the DPRCs for extension of service of Scientists beyond 62 years will be sent of the Establishment Division of the Department of Personnel & Training for placing the cases before the Committee under Cabinet Secretary. Only such cases recommended by the Committee under Cabinet Secretary will be processed further for approval of ACC through the office of the Establishment Officer. Cases of extension of service of Scientists beyond 60 years and up to 62 years recommended by DPRC will continue to be sent directly to the office of Establishment Officer in DOP&T as at present.

    4.   All proposals for extension of service of Scientists beyond 62 years in terms of the 3rd proviso to FR 56(d) may, therefore, be processed keeping in view the above guidelines in addition to the criteria stipulated in the OM dated 9.12.2010.

    (P.Prabhakaran)
    Director (E)
  5. DoPT RTI reply
    DoPT Reply for Sh R C Aggarwal Page 1
    DoPT Reply for Sh R C Aggarwal page 2
    DoPT Reply For Sh R C Aggarwal page 3
    DoPT Reply for Sh Iqbal Singh page 1
    DoPT Reply for Sh Iqbal Singh Page 2

    DoPT Reply for Sh Iqbal Singh page 3