Tag Archives: Central Bureau of Investigation

Vigilance chief recommends action in Rs 7,900-cr IAF project scam, even as BEL’s management hunts down whistleblowers

Yatish Yadav Apr 26, 2019 – Firstpost

New Delhi: The top vigilance officer in Bharat Electronics Limited (BEL) has recommended action in the Rs 7,900-crore air defence scam uncovered by Firstpost, but it is learnt that the top management has launched a hunt to identify the whistle blowers in a bid to cover up the revelations, which point towards a conspiracy involving BEL officials and private companies including foreign vendors.

The chief vigilance officer (CVO) Shiva Kumar has recommended the blacklisting of the design consultant of the Indian Air Force’s (IAF) sensitive air command and control centres, and action against eight BEL officers for allegedly favouring domestic and foreign companies at the cost of taxpayer money and national security.

The CVO, in the recommendation note highlighting the deep-rooted corruption, has said irregularities in the Integrated Air Command and Control System (IACCS), which started in the UPA regime, were carried out with criminal intent and government rules were flouted in awarding contracts for civil work as well as plant and machinery.

“There were serious violations involving criminal intent through violation of procedure, misrepresentation of facts to management, favouritism to place order on pre-fixed vendors through vested interest, collusion of interest and attempts to make corporate losses. The unit (BEL) has violated MoF (Ministry of Finance), GFR (General Financial Rules) and CVC (Central Vigilance Commission) guidelines while appointment of consultants, contracts for execution of civil works and procurement of items for plant and machinery and various subsystems,” the CVO directives reviewed by Firstpost said.

The comment by the CVO on the role of accused officers clearly indicates the need for not just departmental action but the initiation of criminal proceedings under the Prevention of Corruption Act and other penal provisions as well. A questionnaire sent to MV Gowtama, chairman and managing director (CMD) of BEL, seeking comments went unanswered. Department of Defence Production, Ministry of Defence and the CVC did not respond to a questionnaire sent on 20 April.

However, sources in the CMD’s office revealed there had been no move so far to act on the findings and recommendations of the vigilance department, but a discrete hunt has been launched to locate whistle blowers.

Vigilance chief recommends action in Rs 7,900-cr IAF project scam, even as BELs management hunts down whistleblowers.
“In this regard, top management is penetrating the computer and electronic records of all BEL employees in Bengaluru and Delhi,” sources in the CMD’s office said on condition of anonymity.

Sources quoted above also claimed that the top BEL management went into a huddle after the publication of the Firstpost investigation and subsequent recommendations by the CVO. It is learnt the officials were threatened for reporting massive irregularities in the project to the Prime Minister Office (PMO), defence ministry and the CVC.

The witch-hunt and silence of the BEL management is intriguing despite the CVO categorically pointing out the conflict of interest. The CVO said the design consultant of the highly-sensitive underground automated air defence command and control centres, M/s RD Konsultants should be blacklisted for the fraudulent transactions with BEL.

“Also as the agency (RD Konsultants) was involved in collusion of interest by executing the works through its affiliates, M/s CS Constructions Private Limited through subcontracting from M/s L&T, which has resulted in conflict of interest in the transactions with BEL. Financial penalty to be levied on M/s RD Konsultants as one way of punishment,” the CVO said.

According to sources in BEL’s finance division, since the IACCS project is worth Rs 7,900 crore and directly linked to national security, the audit committee comprising independent directors may recommend a probe by the Central Bureau of Investigation (CBI). The finance division of the defence PSU had raised several objections over the award of contracts flagging rule-books but the officers were overruled by the top brass. Even BEL officer Nataraj Krishnappa, director (other units) had raised objections while processing a certain contract. Sources close to Krishnappa confirmed that a criminal investigation may be on the cards. A CVO is considered the extended hand of the CVC and constitutes an important link between the concerned organisation, vigilance watchdog and the CBI.

As far as the eight accused officers’ roles are concerned, the CVO has observed that disciplinary proceeding including the suspension of an officer working in the infrastructure division (network-centric system), should be initiated for violating procedures and CVC guidelines, which eventually resulted in favor to M/s RD Konsultants.

“It is observed that there was suppression and concealment of facts by the committee in the proposal initiated during 2013 with respect of appointment of a consultant during 2011, for preparation of a preliminary project report. It is pertinent to mention that in the proposal for appointment of consultants during 2011, there is a noting from Senior DGM (Finance) that as per CVC guidelines issued dated 24 June, 2011, if M/s RD Konsultants is hired as a consultant for preparing a preliminary project report, then it cannot be considered for future similar requirements for an IACCS project. Although the proposal was agreed to by CMD, these facts are not brought in the consecutive file raised and the committee have succeeded to give an order on pre-fixed vendor M/s RD Konsultants. Because of concealment of information with regard to previous appointment and delinking of old files and notings, it led to misrepresentation and concealment of facts which resulted in the placing of order with prefixed vendor M/s RD Konsultants, although an open tender has been called for formality,” the CVO note said.

The scathing CVO note also reveals that entire scam was engineered since screening stages in 2011 and 2013. It said that the defence PSU’s committee, comprising officers, constituted to select the consultant did a shoddy job with a clear intention to favour a particular vendor.

“It is observed that the committee during the initial screening has brought down 26 agencies to 14 agencies with shallow scrutiny and with total arbitrariness. After presentations further screening has resulted in qualifying only six agencies. It is pertinent to mention that after presentations, M/s Super Dynamics was disqualified citing only two years turnover against the required pre-qualification of a three-year turnover. However, preferential treatment was given to M/s RD Konsultants. This shows a clear-cut case of vendor favouritism. During evaluation of pre-qualification criteria, the committee had violated the CVC guidelines and the company’s work contract procedures with respect to evaluation of documents submitted by M/s RD Konsultants, non-evaluation of relevant documents pertaining to works completed by M/s RD Konsultants. It appears that wrongful clearance was provided to M/s Konsultants and the committee had facilitated M/s RD Konsultants for pre-qualification by violating the company’s procedures, to place the order on pre-fixed vendor M/s RD Konsultants. The committee during evaluation of pre-qualification criteria had created confused trends by changing the pre-qualification criteria twice without any reason and during such changes, post facto approvals are taken from CMD, forcing the management to committee’s decision,” the CVO observed.

The CVO report has flagged collusion with design consultant and other vendors involved in sensitive air force installations at 10 locations across the country. The report has termed an affiliate as a benami firm, raising suspicion over the role and connivance of BEL officers. The CVO has also attacked the design consultant and BEL management for rigging the confidential contracts.

“The agency M/s RD Konsultants also was involved in collusion of interest by executing the works, through its own benami company M/s CS Constructions Private Limited which has resulted in collusion of interest in the transaction with BEL and capturing both design and execution of project. Under para 4B 3.2.3 of the design and engineering contract, M/s RD Konsultants and his affiliates as well as sub-consultants have been debarred from providing any goods works or service. It is observed that M/s RD Konsultants had violated the contract terms, CVC guidelines by involving in collusion with benami through rigging of contracts. This happened at various levels. The quote by M/s RD Konsultants was nearly the same as that which was estimated by BEL which leads to doubt whether the methodology of estimate was known to M/s RD Konsultants. It is pertinent to mention here that, PK Bhola, then DGM (Marketing-Network Centric System) who was the main resource in BEL for raising all the files and interfacing with customer for the project, joined M/s RD Konsultants after his retirement. This is a matter of great concern,” the CVO has noted.

The corruption in the project being handled by BEL was so blatant that even CCTV footage at the air force’s command and control centres construction site was compromised to facilitate the collusion as evident from the CVO report, which said the surveillance cameras were “not kept in the proper record, which led to non-maintenance of measurement books, subleasing and collusion of parties”.

BEL allegedly violated string of norms to award contracts to German, Finnish firms; ex-CMD, two retired defence officials under scanner

Yatish Yadav Apr 09, 2019 – Firstpost

New Delhi: Defence public sector undertaking Bharat Electronics Limited (BEL) handling Indian Air Force’s (IAF) confidential Integrated Air Command and Control System (IACCS) awarded a sub-system contract without floating global tender to a German company Mueller Safe GmbH, which had produced only 75 pieces of valves used for such installation.

Another company Pro Hub Hebetechnik GmbH was also selected by BEL for a contract despite submitting the technical proposal after closing time of bid. A Finland-based company Temet OY was given an award on a single tender basis. Interestingly, Temet OY and Pro Hub Hebetechnik GmbH were already mentioned in a detailed project report of IACCS prepared by M/S RD Konsultants in 2013, raising serious questions over conflict of interest. It is learnt that two BEL officers currently working on IACCS project are also under the scanner of the Central Bureau of Investigation (CBI), which recently received source based inputs regarding their activities.

These facts emerging from documents and BEL’s internal inquiry report raise serious questions that Central Vigilance Commission (CVC) rules and BEL’s own purchase procedures 2016, were allegedly violated in the entire process of the project contracts, which began when the UPA government was in power. As reported by Firstpost on 2 April, BEL has come under the cloud by its own inquiry report for allegedly favouring project design consultant M/S RD Konsultants.

Documents reviewed by Firstpost shows BEL, in the gross violation of purchase procedure, awarded plant and machinery contracts worth hundreds of crores to foreign firms including Temet OY of Finland, Pro Hub Hebetechnik GmbH and Mueller Safe of Germany. No open or global tender was floated to select the vendors. Sources confirmed that the government is likely to ask investigative and enforcement agencies to probe into alleged irregularities in hiring design consultant, the award of contracts for the plant and machinery and role of the serving and retired officers in the process.

After Firstpost mailed a detailed questionnaire to MV Gowtama, chairman and managing director (CMD) of BEL, his office said BEL follows standard procedures, guidelines and its business practices conform to C&AG and CVC guidelines.

“The contracts for any project are awarded through competitive tendering and based on capabilities and capacities of partners/vendors. Hence prima facie BEL does not see any irregularity,” the BEL CMD’s office said.

Temet OY, Finland citing non-disclosure agreement refused to comment on the contract and chose not to respond on working arrangements and details about its association with M/S RD Konsultants. It, however, claimed M/S RD Konsultants was not Temet’s agent.

“We can confirm that M/S RD Konsultants mentioned below is not and has not been an authorised Temet dealer. Of course, if there is an official investigation in progress, we will cooperate with the relevant authorities,” Tero Hanhinen from Temet OY said.

Temet OY though conveniently suppressed the fact that two of its officers, Likka Elias Kivisarri and Adel Velic were accompanied by M/S RD Konsultants’ Vikram Parvathoju to BEL office from 6 to 8 August 2018 for technical discussion with defence PSU officers.

Questionnaire sent to Pro Hub and Mueller Safe, Germany, seeking comments went unanswered. M/S RD Konsultants did not respond to a detailed questionnaire sent on 31 March.

Deal with IACCS design consultant’s foreign affiliates raises a stink

The design firm M/S RD Konsultants in the detailed project report had mentioned that it was working with several foreign companies including Temet OY, Finland and Pro Hub, Germany. The fact has rattled BEL’s internal investigators, who alleged that decision to go with a single vendor is surprising as the design consultant is questionable and requires further probe. The design consultant selected for all 10 sites has total control in the choice of sub-systems like electronic items, building management system and other sensitive hardware. By sidestepping the procurement procedure, BEL did not go for open or global tender for the procurement.

As per BEL purchase procedure para 10.1.7: “Open tenders shall be resorted to in case of non-production/ non project materials estimated to cost Rs 1 crore and above. The time allowed for receiving quotations against open tenders can be fixed, depending upon the geographical area covered, effort required to be put in by the vendors and other relevant factors, however shall not be less than 7 days. In case of global tenders, the notice will also be published in Indian Trade Journal and sent to Indian Missions abroad deemed necessary for adequate response in addition to the press advertisement and BEL website.”

None of these guidelines was followed by BEL in the procurement of equipment of IACCS and the competitive bidding for all 10 operation sites was surreptitiously eliminated and firms directly/indirectly linked with the design consultant were roped in. This is what BEL’s inquiry report had feared. The report mentioned Temet OY, Finland is represented in India by Stahl Tecniks Private Limited, which is directly/ indirectly linked to M/S RD Konsultants. One of the past directors of Stahl Tecniks was Suruchi Totala, who was also director of RD Designs LLP that was floated in 2015 by M/S RD Konsultants partner SK Anand. Now, the RD Designs LLP is in the process of shutting the shop. The BEL’s report also alleges that being the single vendor for all 10 sites, the design consultant carried out works to make sure that it suits the private vendors of plant and machinery of its choice.

“The civil design for the underground structures would have been carried out keeping in mind the various sub-systems to be installed inside. For example, if blast doors of M/S Temet, Finland are chosen that all the openings for the doors would have been designed suiting the doors from Temet. Same would be the case for hydraulic lifts, air conditioning ducts, opening for blast valves etc. Hence either the systems selected by the consultants have to be used or else minor/major modifications would have to be carried out in the civil structure for interfacing any alternate make sub-system. This also substantiates the fact that if minimum two consultants had been hired then at least the two consultants selected would have proposed multiple vendors for the various sub-systems which would have led to healthy competition between various vendors leading to competitive biddings for various sub-systems,” BEL’s internal inquiry report said.

As indicated in the internal inquiry report, after submission of detailed project report, the IACCS contract signed between BEL and IAF had no other choice but to include several of these companies against the requirement with a condition that something equivalent could also be explored. The CVC guidelines are very clear that any purchase order above Rs 1 crore should be concluded through the tendering process and for foreign vendor’s global tender should be floated. The opaque procurement process of BEL was orchestrated in such a way that it gives an impression of a level playing field by exploring other alternatives other than the vendor already mentioned in the detailed project report.

Documents reviewed by Firstpost reveals that a smokescreen was created by constituting a technical committee within the BEL for procurement of plant and machinery for IACCS. On 24 May 2017, BEL chairman and managing director (CMD) MV Gowtama formed the technical panel to explore and identify vendors for the equipment for IACCS complexes (details withheld). This was an interesting turn of event because BEL purchase procedure, 2016, does not mention the constitution of a technical committee to explore, finalise and recommend the vendors. Nevertheless, the technical committee chaired by Umesh Chandra with Pugazhenthi R, BP Pahuja, Subbarao G, Prashant Ranjan Maurya and Udit Agarwal as members were tasked to finalize specifications, identification, shortlisting of original equipment manufacturers/ vendors for supply, finalization of quotation for the equipment and evaluation of suitable make/model for each of the items required for seamless integration with the civil structure of IACCS.

How the contract process was manipulated?

The internal investigation report of BEL gives an indication that the procedures to select vendors for the project was handled through a very simple method of picking the names from the documents submitted by the design consultant, which had prepared a detailed project report mentioning the name of foreign companies it was working with. The project report submitted to BEL was later forwarded to IAF which signed the contract and sent it back to BEL. Subsequently, BEL formed a technical committee to purchase IACCS associated equipment. Thereafter, the technical committee went for shopping at companies first mentioned by M/S RD Konsultants in the detailed project report.

Documents reveal the Finnish firm Temet OY was given the contract for regenerative Carbon Dioxide Removal System for IACCS sites for more than Rs 60 crore without floating global tender. Interestingly, purchase order said that technical committee headed by Umesh Chandra had recommended searching more vendors and two other firms M/S Parker and M/S Airef were explored but both were found not capable of manufacturing Carbon Dioxide removal system with required specifications. Why and how these two companies were selected by the technical committee to explore more option instead of going for an open or global tender remain in the domain of speculation. A BEL officer in the finance division noted in the file that price of the system given to Temet OY needs to be justified since it was on a single tender basis.

“As per company’s policy, the price needs to be justified by technical evaluation or by comparing similar product available in the market not considered for the bidding,” Sanjoy Kumar Pal, senior deputy general manager, finance wrote on 22 August 2018.

There is some interesting observation in the documents, which expose the alleged irregularities. RK Sharma, an officer from the material management division (Network Centric System) gave a contradictory statement in a bid to clarify the pricing based on a single tender. He said price quoted by Temet OY was well below the unit cost considered for the selling price, however, he further went on to say that there was no procurement history of similar items and prices of this system is not readily available in the market.

Subsequently, the technical committee recommended that enquiry for carbon dioxide removal system be sent to Temet OY, Finland only. The proposal was on a single tender basis and Temet OY, Finland was called for technical-commercial negotiations, which was held from 6 to 8 August 2018. Besides BEL and Temet OY officials, Vikram Parvathoju from design consultant M/S RD Konsultants was also present in the meeting.

While appointing the technical committee in May 2017, the CMD, BEL had clearly mentioned that representatives of design consultant, project management consultant and the third-party inspection and certification agency should be involved in the proceeding but neither project management consultants nor officials from third party inspection agency were present in technical and price negotiation meetings. After technical committee recommendation, the single tender proposal was approved.

Just a day after the committee meeting on 8 August 2018, which was attended by senior BEL officers including Joydeep Majumdar (General Manager, Network Centric System), BP Pahuja ( Assistant General Manager, Infrastructure, Network Centric System) and two representatives of Temet OY, the defence PSU started placing the purchase order for Temet OY, Finland. The total quantity of carbon dioxide removal system (details withheld) is mentioned on the 20 August 2018 note, which further said, “The total quantity was indicated by Infra group based on the design and requirements finalized by design consultant M/S RD Konsultants.”

“Technical committee recommended that enquiry for Carbon Dioxide Removal System be sent to M/S Temet OY only. The proposal is on a single tender basis,” the note said.

German company favoured despite submitting the technical proposal after closing time

Another foreign company under the cloud is Pro-Hub Hebetechnik GmbH based in Germany that was awarded the multi-crore contract of goods lifts for the IACCS project. The company was mentioned by M/S RD Konsultants in the detailed project report submitted during the UPA regime. M/S RD Konsultants had claimed that it provides design consultancy to the Pro Hub Hebetechnik GmbH. This issue has been raised in the internal investigation report of BEL, recommending further probe to ascertain conflict of interest.

Satyaprem from M/S RD Consultants was present in the technical meeting on 16 July 2018 between officials from BEL and Pro Hub Hebetechnik GmbH. No representatives from the project management consultant and third-party inspection and certification agency were present in the meeting. Documents reviewed by Firstpost shows technical committee had selected two companies for goods lift — Pro Hub Hebetechnik GmbH and M/S Maspero Elevatori.

Documents reveal that Pro Hub Hebetechnik GmbH technical response vide 11 emails were received on 26 June 2018, after the closing time of bid. However, it was not disqualified. This move triggered suspicion among the BEL officer’s ranks and Sanjoy Kr. Pal, Senior Deputy Manager, Finance division, BEL on 26 July 2018 objected the move. He questioned on the proposal file for awarding the contract to Pro Hub Hebetechnik GmbH asking as to why late tender is being entertained and why purchase clause is not being followed in this case.

“The proposal is put up to CMD under what Sub Delegation of Powers (SDOP) clause? As per clause 10.2.7 of the purchase procedure, no late tender should be entertained. Why purchase procedure clause was not followed? Pal questioned.

On 27 July, RK Sharma, deputy general manager, Material Management (Network Centric System), BEL clarified that since the happenings and the facts related to the receipt of bids after closing time are in variation of the actually prescribed process in purchase procedure 2016, approval is sought of CMD for the process followed by Strategic Business Unit (SBU) of BEL. He further said that Pro Hub Hebetechnik GmbH was not disqualified because a ‘conscious decision’ was taken by the SBU, keeping in view the project requirements.

Sanjoy Kumar Pal, BEL officer from finance division, however, was not satisfied with the clarification and he clearly said that proposal was in violation of purchase procedure.

“The proposal is in deviation of purchase procedure and accordingly it is put up to CMD,” Pal wrote.

Despite the proposal contested by his own officer in finance division, CMD MV Gowtama approved the proposal on 27 July 2018.

Technical capability? Produced just 75 valves but selected by BEL

Another deal that has come under the scanner is blast valves, gastight valves and wall sleeves for the IACCS sites. The contract has been awarded to German company Mueller Safe GmbH, which primarily deal in safe and very recently ventured into valve manufacturing and till May 2018 had only produced 75 pieces. On the other hand, a UK company, European EMC Products Ltd (EEP), which had produced and supplied more than 2,000 valves was simply disqualified on the basis of not meeting the criteria for average annual turnover for last three years, which was vigorously contested by BEL officer Nataraj Krishnappa, Director arguing that EEP is technically suitable and competent.

“M/S EEP, UK has been dropped based on the criteria that annual turnover of the company for the last 3 years does not meet the desired requirement. This vendor is technically suitable and competent. Why cannot they be considered for Request for Quotation (RFQ) purpose? The site visit report of the committee does not indicate any reason for the disqualification of the vendor,” Krishnappa wrote on 28 May 2018.

Joydeep Majumdar, general manager (Network Centric System) wrote that the technical committee felt EEP being a small organisation with low turnover will not be able to handle contract estimated to be worth Rs 200 crores. Subsequently, the EEP, UK was dropped and instead of going for global tender, Request for Proposal (RFP) on the restricted tender basis was sent to Mueller Safe GmbH and Temet OY, a world leader in valve business, which had supplied more than 60,000 valves till May 2018 globally.

The bid was invited on 15 June 2018 and while the response from Temet OY was submitted before the expiry of bid submission time, Mueller Safe GmbH bid was received after closing time. Subsequently, Mueller Safe GmbH, which had no expertise in manufacturing valves was declared L1 and it was called for techno-commercial negotiations, which were held from 9 to 14 July 2018. Questions were raised within BEL as to why Mueller Safe, an inexperienced company in making valves, was given contract and why not re-tendering process inviting more companies was initiated by the BEL.

Documents reviewed by Firstpost reveals that an officer in the finance division had warned just before the finalisation of the contract to Mueller that “selection should be as per the technical manufacturing capability”. But, that was ignored. Even after Mueller Safe GmbH was awarded the contract, Naresh Kumar, deputy general manager of the finance division, BEL said that the bid of M/S Mueller Safe GmbH is received after the closing time and approval for bid acceptance received after closing time requires CMD approval. Another officer V Muralidharan, General Manager (Finance) also flagged the concerns on 26 July 2018 that since the proposal was accepted after the closing time of bid, CMD post facto approval of deviation would be required. The proposal was approved by the CMD on 27 July 2018.

Documents reviewed by the Firstpost also revealed Mueller Safe GmbH was not mentioned in the RD Konsultants documents and thus it appears that no representatives from the design consultants attended the meetings. No one from the project management consultant and third-party inspection and certification agency was present either. Also, the meetings held between 11-12 July 2018 at BEL office with the Mueller Safe GmbH functionaries had not representatives from the above-mentioned group.

It is further learnt that original equipment manufacturer for valve refused on Transfer of Technology (ToT) arguing that its business will be adversely affected in the case full know-how is given to BEL as defence PSU will become the competitor in the market. The technical committee agreed upon partial ToT and gave its go-ahead for the contract.

The BEL internal inquiry report has recommended further probe into the installation of the sub-systems of IACCS observing that site design might be designed keeping a particular company in mind.

“It is also claimed that ‘M/S RD Konsultants’ has designed the underground RCC structure taking into consideration a particular make of doors, hatches, blast valves, lifts, air conditioning, building management systems etc. All the reinforcement, cut-outs etc in the RCC structure were designed for interfacing with the particular brand (example for the doors the steel reinforcements in the opening were designed as per the hinge locations in the particular band of blast doors). Since the RCC structures have been made at many sides even before the finalization of the sub-systems to be installed hence it needs to be studied what was the repercussion in the change in scope of RCC structure already built and what was the cost repercussion BEL had to bear,” the internal inquiry report said.

Similarly, the order for radio and its accessories worth more than Rs 9 crore, was also given to a Germany based company (details withheld) on a single source basis without inviting tender. It appears this German firm selected without tendering process was not the original manufacturer. A key document reviewed by Firstpost said, “The firm indicated that most of the hardware being delivered by them is third-party hardware.”

IACCS prototype makers joined fugitive arms dealer Sanjay Bhandari firm

It is learnt that two senior officers of defence PSU, BEL, who were instrumental in designing prototype for Indian Air Force’s confidential IACCS project in 2007 joined fugitive arms dealer Sanjay Bhandari’s firm OIS Advanced Technology Private Limited after retirement in 2011. Interestingly, BEL was preparing to formally launch the IACCS project by inviting preliminary project report for 10 automated air operation centre for Indian Air Force around the same time. The two officers, who joined arms dealer’s company at senior positions, are now under the scanner of Enforcement Directorate (ED), which is probing alleged kickbacks linked to Bhandari in Swiss basic trainer aircraft Pilatus during UPA regime in 2012. Incidentally, BEL is the offset partner of Pilatus.

CAG blows holes in DRDO’s early warning planes

The auditor has said that operational requirements specified by the IAF were not met and added that there has been a 70% time overrun. (Representative image)

By Shaurya Karanbir Gurung, ET Bureau, Aug 08, 2018
After a Central Bureau of Investigation probe into corruption allegations, the Comptroller and Auditor General has also cast a shadow on an indigenous program for Airborne Early Warning and Control (AEW&C) system ordered by the Air Force.

In a detailed report, the CAG has stated that the project is yet to be fully realised even though it was conceived in 2002, leaving gaps in the IAF’s air-surveillance capability.

The auditor has said that operational requirements specified by the IAF were not met and added that there has been a 70% time overrun.

The central auditor also said selecting the Embraer aircraft as the platform created design constraints and caused the delays. It may be recalled that the CBI is probing allegations that kickbacks were paid in the Embraer aircraft deal that DRDO had struck with the Brazilian aircraft manufacturer in 2008.

The AEW&C is an airborne surveillance system which detects incoming hostile fighters, cruise missiles and drones much before ground based radars.

It also detects enemy troops build-ups, warships and directs friendly fighter jets during combat. The project for the indigenous development of the AEW&C of the IAF was approved by the Cabinet Committee on Security in October 2004 at a cost of `1,800 cr. The CAG, however, said that the project’s total cost up till August 2017 was `2,425 Crore.
Under the project, two AEW&C were to be supplied to the IAF. Banglore based Centre of Air Borne Systems (CABS) of the DRDO was the nodal agency for developing the system.

The CAG says that the IAF had accepted the first AEW&C in February 2017. “However, out of the 18 operational requirements specified by the IAF, eight parameters could not be fully achieved by the AEW&C,” said the CAG report.

Some of these operational requirements are the primary surveillance radar for scanning the airspace to detect targets, the secondary radar to identify friends and foes, and the self protection suite to warn about incoming weapons. The IAF insisted that the eight parameters should be met in the second aircraft. The DRDO agreed to meet five of them, while arguing that the remaining three would not impact operations.

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Hotelier Narang sends notice to agencies in property case

By ABHINANDAN MISHRA | New Delhi | 16 July, 2017 Sunday Guardian

    The notice sent by Sanjay Narang to Y. Ashok Babu

Notice to whistleblower raises questions about secrecy.

The whistleblower in the Sanjay Narang property case in the Landour cantonment area of Mussoorie has been served a notice by Narang, raising serious questions regarding the government’s onus to maintain confidentiality of such complainants, who have often been attacked.

Narang has served a notice to Y. Ashok Babu, estate officer of the Institute of Technology Management (ITM), which is a laboratory of the Defence Research and Development Organization (DRDO), asking him “to either substantiate with evidence the allegations made by you, or to unconditionally withdraw these allegations within seven days, failing which I reserve my options open to file a case against you personally for defamation under section 499/500 of the Indian Penal Code, as your letter to the CVC/CBI (and circulated to the media) was sent by you in your personal capacity”.

A copy of the notice has been forwarded to the DRDO, the Central Bureau of Investigation (CBI), the Central Vigilance Commission (CVC) and multiple departments under Ministry of Defence (MoD). The Sunday Guardian also has a copy of the same.

Ashok Babu had earlier filed a complaint with the CVC seeking a probe into the irregularities regarding Narang’s properties which are located in the sensitive area of Landour cantonment and adjacent to the ITM laboratory.

Ashok Babu had pointed out that several commercial establishments were running in Landour, allegedly without permission, and they posed a security threat to the defence establishments. He had stressed that this could be “bigger than the Adarsh housing scam”.

The Ministry of Defence was forced to take stock of the situation at the Landour cantonment. The CVC had asked for comments from all departments concerned. A fact-finding mission comprising senior officials of the department of defence estates had visited Landour later. Narang has stated in his notice: “I have been questioned by the CBI and the officials of the Cantonment Board Landour (CBL) based on the false complaints made by you against me and by your action of feeding completely false information to various media outlets. The purpose of this letter is to place on record the correct facts pertaining to each of your allegations made to the CBI, CVC and media.”

Reached for comments, Ashok Babu, while acknowledging that he had received the notice, said that the “matter was sub judice”.

Sources close to him said the whole development was a matter of great concern for whistleblowers. “How can the content of a complaint filed by a government servant with the CBI, Ministry of Defence and the CVC reach a private individual, an individual against whom the complaint is filed? A senior government servant is being threatened with a notice for whistleblowing against corruption,” an official source said.

Government asks CBI to probe in allegations of corruption in purchase of three Embraer aircrafts

By Express News Service Published: 15th September 2016 – The New Indian Express
NEW DELHI: The Central Bureau of Investigation (CBI) has started analyzing allegations of Brazilian aviation major Embraer hiring a UK-based agent and paying commissions to swing the $208 million deal for three Emb-145 aircraft inked with India during UPA rule in 2008.

The government had asked the agency to probe in allegations of corruption in the purchase of three Embraer aircraft for Defence Research and Development Organisation in 2008

The agency sources said officials are going through the reference and any decision to start a probe in the matter will be taken soon after analysing all the documents.

If the agency is satisfied that it has enough prima facie evidence to initiate an FIR, it will start or else it might register a preliminary enquiry to gather enough material for registering a regular case, they said.

Government had stated that the allegations were of a serious nature and the CBI will probe.

Defence Minister Manohar Parrikar had earlier this week said that, “If there is a criminal angle, then the CBI will probe as the Ministry cannot”. “If only procedural issues are involved, then the Defence Ministry can do an internal investigation,” he had said.

The deal for purchase of three Embraer aircraft during the UPA regime has kicked up dust with US authorities going into alleged payment of kickbacks. The deal has come under the scanner of the US Justice Department which has been probing Embraer for alleged payment of bribes to secure contracts.
Soon after, the reports of irregularity surfaced, the DRDO has already sought a report from the Brazilian firm, which has said it has been looking into graft allegations over the last five years.

DRDO investigation through report from Brazilian firm is a separate investigation. Parallel investigation has been started by CBI

The Special Investigation Team probing AgustaWestland bribery scandal will also probe this scam.

The deal was signed in 2008 between Embraer and the DRDO for three aircraft equipped with indigenous radars for AEW&C (airborne early warning and control systems). The first “modified” aircraft was delivered to DRDO in 2011, with the other two following later.

After several missed deadlines, the AEW&C project is now slated to be completed by December. Present DRDO chief S Christopher was the AEW&C programme director and head of the Centre for Airborne Systems (CABS) before he was chosen to head DRDO in May 2015 by the NDA government.

Sources claimed that role of the committee, comprised of officials from IAF and DRDO is also under scanner, which shortlisted the Embraer deal.

Brazil’s top newspaper, the ‘Folha de Sao Paulo’, had reported on September 8 that the possible bribery in the 2008 Indian deal was under the scanner of the US justice department, which has been investigating Embraer since 2010, after a contract with the Dominican Republic raised suspicion. The scope of the investigation has now been widened to examine Embraer’s dealings with eight other countries, including India and Saudi Arabia.

Landour cantonment case: Defence Minister Manohar Parrikar acts, notices soon

landour-case-defence-ministry-acts-notices-soon
The defence ministry is taking stock of the situation at Landour cantonment, Mussoorie, after a complaint by a serving officer alleged wrongdoing.

By Manu Pubby, ET Bureau | Jul 29, 2016,
NEW DELHI: The defence ministry is taking stock of the situation at Landour cantonment, Mussoorie, after a complaint by a serving officer alleged wrongdoing related to several prime properties at the hill station that he said may prove to be “bigger than the Adarsh Housing scam“.

Even as the Central Vigilance Commission (CVC), which received a complaint by the estate officer of a DRDO lab located in Landour alleging a scam, moved on the matter, asking for comments from all concerned departments, sources told ET that senior defence ministry officials are tackling the issue.

As part of a fact finding mission, a senior official of the department of defence estates visited Landour after an ET story that revealed that cricketing legend Sachin Tendulkar met defence minister Manohar Parrikar regarding a property dispute over a holiday retreat.
Separately, a complaint by DRDO officer Y Ashok Babu had red flagged several commercial establishments (hotels) running in Landour allegedly without permissions, posing a security threat and eroding green cover, as reported by ET.

Sources said that the cantonment board is likely to send notices to several properties located at Landour, including some owned or being run by Tendulkar’s aide, businessman Sanjay Narang.

Also, a change of stance is unlikely on ‘Dahlia Bank’, a hill mansion owned by Narang which is at the center of a property dispute with the cantonment board and DRDO establishment Institute of Technology Management.
Tendulkar, who frequently stays at the mansion, met Parrikar with regard to this dispute.

Narang has denied allegations of wrongdoing, while Tendulkar said that he went for the meeting but denied any economic interests in Landour. In the complaint sent by Babu, a Scientist D posted at ITM in charge of works and estate, to the central bureau of investigation (CBI) and the CVC, allegations of “Illegal high investment commercial activities” have been levelled. These are against a dozen properties, including `Dahlia Bank’ that is owned by Tendulkar’s aide Sanjay Narang.

CBI arrests Army officer for accepting bribe

Kautilya Singh | TNN | Jul 9, 2016

CBI arrests Army officer for accepting bribe - Times of India

DEHRADUN: The Central Bureau of Investigation on Friday arrested an Army officer, Lt Colonel Bharat Joshi, posted in Instruments Research and Development Establishment’s (IRDE) military engineering services unit in Dehradun for accepting bribe of Rs 10,000 to issue a completion certificate. After being produced in the court of a duty magistrate on Saturday, the officer was sent to Dehradun jail till Monday.
According to the complaint, contractor Harendra Singh was given a contract for constructing two-storey residential buildings in the IRDE campus at Raipur’s Udhyan Vihar area. Singh was to collect Rs 16 lakh after completion of the work and he needed a completion certificate for the same, which had to be issued by Joshi.
Singh said that the officer demanded Rs 38,000 to issue the certificate. On July 4, Singh reportedly handed over Rs 10,000 as initial amount to Joshi. However, within a few days Joshi asked for another Rs 10,000 which was to be paid in his office. The remaining amount was to be given after Singh received his payment.
However, rather than handing over the amount, this time Singh approached CBI with his complaint. “After verifying the allegations we laid a trap to arrest the accused,” said a CBI official. As Singh was handing over the amount to Joshi, the CBI team arrested the officer.
Soon after this, senior CBI officers, including SP Sujit Kumar and deputy SP Akhil Kaushik, arrived at IRDE and questioned the accused. The team also conducted a search at Joshi’s office and his residence. The team also collected some documents and are scrutinizing them. A case under the relevant section of the Prevention of Corruption Act has been registered against the accused.
Meanwhile, sources said that another officer of the IRDE is also under CBI scanner as the agency has found some initial clues which linked him to the incident.

sunday times 10 July 2016