IN THE HIGH COURT OF DELHI AT New Delhi

+ W.P.(C) 3610/2015 & C.M.No.6436/2015 (directions)

PRABHU DANDRIYAL ….. Petitioner

Through: Mr.R.Sathish, Adv. with Mr.Mohan Das K.K., Adv.

 Versus UNION OF INDIA & ORS…..

Respondents Through: Mr.Sanjay Jain, ASG

with Mr.Anil Soni, Ms.Aastha Jain, Mr.Akash Nagar, Advs. for R-1 to 3.

Mr.R.V.Sinha, Adv. for R-5/CVC. Mr.R.V.Sinha.

with Mrs.Monica Gupta, Adv. for CBI.

CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

ORDER  29.04.2015 C.M.No.7764/2015 (exemptions) Exemptions allowed subject to all just exceptions. W.P.(C) No.3610/2015

The learned ASG appearing for the respondents, on instructions

States that the Fact Finding Inquiry has already been held and he undertakes to place before this Court the inquiry report.

Re-notify on 27.05.2015. CHIEF JUSTICE APRIL 29, 2015/‘anb’ RAJIV SAHAI ENDLAW, J

Dear Friends see the DRDO statement in Delhi Court, the whole country is witness the unprecedented delays in all major projects and same manner DRDO misleading the honorable High Court, Delhi

DRDO is applying same tactics in Delhi High Court by stating that Fact Finding Inquiry has already been held and he undertakes to place before this Court the inquiry report in second appearance and again asked for time.

See the facts

The First Fact Finding Inquiry Committee headed by Dr S S Negi, Sc H, members Shri Manoj Bali , Scientist ‘G’ and Shri Jagdeep, Scientist ‘F’ visited A on 13^th – 14^th, March 2014 for inquiry on the complaint submitted against Dr. A K Saxena

What submitted by First Fact finding Committee

As per Sh D N Tripathi, Sc F, Addl. Director Administration and Finance, DMSRDE, Kanpur submitted supplementary counter affidavit to Honorable  CAT, Allahabad on 4 June 2014

1. Fact finding not found any truth for complaint submitted by Sh Navin Praksh Gupta and Prabhu Dandriyal and thus dropped and rejected.
2. Prabhu Dandriyal was terminated by DRDO (Stated without proof and will pay for that will be filed criminal case against Sh D N Tripathi, Sc F, Addl. Director Administration and Finance, DMSRDE, Kanpur in Dehradun Court)
3. Photo copy of Fact Finding Report submitted in honorable CAT Allahabad as annexure SCA-3. (It means DRDO having readily available fact finding report the why they wasted precious time of honorable Delhi High Court)

As per Dr A K Singh Letter DOP/DS/008/M/01 dated 28 May 2014to Director, DMSRDE, Kanpur.

Brief facts on the basis of Fact Finding committee – Interestingly fact finding was constituted to find out facts of corruption related allegations within the procurement files.

But Chairman FFIC, Dr S S Negi who is Dr (PhD) on Semiconductor Devices turns Dr on psychology and forgot the procurement related corruption allegation, started the analyses of behavior and life style of Sh R P Bhatt, Sc’F’ and Sh N P Gupta, Sc ‘C’

Committee certified that – Sh R P Bhat, Sc’F’ is a habitual drunkenness, misbehavior, threatening and harassment to others, including the transfer to other lab. The question is it was in the purview of Dr. Negi & team or if it is correct than how Sh R.P Bhatt promoted up to Sc ‘F’, is Dr Negi team gone through the last 5 years APAR of Sh R P Bhatt any negative comment of Dr A K Saxena was there?

Committee suggested that – Necessary action to be initiated against Sh R P Bhat, Sc’F’

Dr. Negi & team can able to stand with their statement in front of High Court, Allahabad?

As Sh R P Bhatt challenged is transfer on the basis of recommendations of Fact Finding Committee

Basically Dr. Negi is very good in scientific work but very poor in administration and management, after assumption of charge as Director, IRDE every day he is facing lot of irregularities of employees and scientists, Union running the local administrations of IRDE, like internal posting /transfer, safety shoe purchase without proper specification, who will go for TD, who will be chair for different investigation enquiries, whom to serve warnings, to whom to give AMC, to whom to give man power supplies, who will sit in security and all sundry things

Second Fact finding Committee

Shri Avinash Chander , DGR&D and SA to RM constituted second four members  FFIC under Chairmanship of Dr. D C Pande, Outstanding Scientist, LRDE, Bangalore  and members Shri Hari babu Srivastva, Director, LASTEC, New Delhi, Shri R S Mehta, Joint Director, Dte of Vigilance& Security, DRDO Hqrs, Shri Jagdeep, Scientist ‘F’,Dte of Materials Management DRDO Hqrs  reached at Kanpur on 9^th July early morning 5:00 AM at DMSRDE, Guest House, Kanpur by Rewa Express.

As per sources the second Fact finding Committee asked all procurement related files and found lot of irregularities, but the Sh Avinash Chander and Dr A K Singh both were given assurance to Dr A K Saxena, the reason only know to them or GOD.

The website have all documentary evidences to prove the corruption allegations, it is expected that DRDO have no choice to send all these cases for CBI inquiry and website will submit all those evidences to CBI, which website continuously receiving.

See the DRDO efficiency till date DRDO not take any action on the basis of second fact finding committee reports or neither had they submitted the fact finding report to CVO, MOD.

As Director (Vigilance), MOD has sought Director (Vigilance & Security), DRDO for consolidated report by his letter dated 04 August 2014.