To 20-11-2019 Wg Cdr Suman Adhikari, CPIO, Room No. 160, Dte of PS, Air HQ (VB), Rafi Marg, New Delhi 110
Hello, Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of appeal submitted to Higher Court by BEL against order of Justice Suresh Kumar Kait dated October 9, 2019 to respondents are directed to reinstate the petitioners Sh M.M. Pandey, General Manager (Product Support), Sh R.K. Goyal, Senior Deputy General Manager (Vigilance), and Sh Sumit Krishna, Manager, (Product Support).
As per appeal page no 49 and 50 para xi line 5 – In this regard on 25-09-2019 the Asstt,
Chief of Air Staff vide his confidential letter has brought to notice of the
CMD, BEL that confidential documents relating to the said contract have been
found in the custody of un authorized elements and that: owing to the
sensitivity of the project involving national
security, investigation in this regard be carried out on highest priority and
report submitted at the earliest.
Provide that above mention
confidential letter dated 25-09-2109 whether sent to CMD, BEL by Asstt, Chief
of Air Staff. Yes or No
Does Air force taken any action against un authorized elements who possesses the sensitive project
information Yes or No
IACCS project sites security
managed by Air Force or BEL.
IACCS project sites CCTV
is managed by Air Force or BEL
IACCS project sites
contractors manpower verified by police Yes or No
Whether IACCS project
sites In-charge verify that the contractor manpower is from authorized contractors like L&T or from unauthorized
Sublette contractor like C S Construction or S R Ashok etc.
Whether IACCS Directorate or
Asstt, Chief of Air Staff above aware the unauthorized Sublette working equation
of BEL in IACCS sites Yes or No
Here is a conversation between Mr. D.K. Chatterjee and Mr. M.M. Pandey
wherein Mr. Pandey is exposing the BEL corruption Modus Operandi observed in ordering of civil contracts in
IACCS.
Mr. D.K. Chatterjee an IIT Kanpur Graduate of 1983 batch had
worked in many indigenously developed products related to communications and
radars. He is presently in the R&D group in-charge of the Radar Data
processing. He is an engineer of par excellence in his field and through his in-house
research and development he has saved a huge amount of foreign exchange for the
country.
He has been targeted by the BEL management and his career
has been stalled since he does not fit into the BEL model of going for foreign
ToTs and with big corporate / private vendors to provide the defence forces
equipment at very high cost and ensure kickbacks leading to corruption where
persons at highest level BEL are involved. In the IACCS project the biggest
challenge was to integrate the legacy Radars of Indian Air force and Army with
the IACCS system since the output protocol of these old Radars was not
compatible with input requirement for IACCS system.
Mr. D.K. Chatterjee and Mr. M.M. Pandey wherein Mr.
Pandey is discussing the discrepancies which have been observed in ordering of
civil contracts in IACCS. In turn Mr. Chatterjee tells about his experience
wherein as a part of IACCS project he had worked on creating the interface
(Radar Data Processing hardware and software) between the old legacy Radars and
IACCS system. He was forced to use hardware which were pre-defined and at a
very high cost.
As per him even with the high cost of hardware (since the
software was written in-house) the cost of one system came to just about Rs 25
lacs. After the systems were proven he was unceremoniously removed from the
project and the systems were subsequently outsourced and bought at a huge cost
of about Rs 2.5 Crores each. With so many legacy Radars which were integrated
to the IACCS the amount of money which has been misappropriated by the top
management of BEL would run into hundreds of Crores.
This is again a case where an intelligent IIT graduate
Electronics Engineer who did not compromise on corruption and worked for giving
the Defence Forces the best at the least cost was harassed and removed from the
main stream and made to suffer in his career. This is again in line with what
has been brought out in the case of ordering of DDS software where a software
worth not more than Rs 20 Crores was being bought at Rs 320 Crores and when one
of the Managers in R&D became a whistle blower to stop this from happening
he was harassed and bullied to the extent that he was forced to resign.
The Vigilance report which brought out this corruption
had also noted that all the original team which worked on software related to
IACCS (first phase wherein five nodes were established by BEL) was dismantled
and engineers were either transferred out of the Unit or outside the project. Hence
the modus operandi is the same in BEL for all persons who stand against
corruption. They are harassed, side tracked, given punishment postings or
suspended and terminated.
It can be understood that if one or two persons are
targeted but in the project IACCS it is clearly brought out at various stages
that persons have been targeted whenever they have spoken about the rampart
corruption which is being monitored by the highest level of management in BEL.
If proper investigation is carried out by external
government agencies it will clearly come out that in this project from the
beginning itself at all stages and in all systems (software, hardware, civil
contracts, sub-systems for hardened underground buildings) organized and
planned corruption has taken place through a mafia (which may be external to
BEL) and with full support from persons sitting at the highest level of BEL.
Some of the conversations of Mr. D.K. Chatterjee are as follows:
• I have talked to Shri Ajay Singh who is involved in the
civil works of IACCS. He has also said that there are lots of discrepancies in
the civil contracts.
• I was part of IACCS group who interacted with Air Force
persons during the initial phase of the project. I was working in Radar Data
Processing (RDP) and when we were interfacing with Air Force personnel they
also told us that there was something very wrong going on in the project.
• The amount of corruption which is there in the project
it does not look that CMD would have any control. If the loot is of the order
of Rs 1000 to 2000 Crores, I think a very small part of it would have gone to
BEL persons. Persons facilitating this loot in BEL would just get few foreign
trips and perhaps some GM promotions. The very fact that Air Force has given
BEL the job of civil construction on underground buildings is itself
questionable since DRDO already had expertise in this and Air Force could have
done this job ( directly through some private vendor) with DRDO help (this
shows that the plan was to do all the corruption by just front ending BEL).
• I have also been a part of IACCS project from the very
beginning (although I was looking after a very small portion related to RDP)
but I also found something strange happening in the project. When I was doing
the RDP I was asked by Mr. Anil Pant (the AGM in-charge of IACCS who was
indicted by the Vigilance report dated 16th Nov’16 for manipulations in the ordering
of DDS software but was subsequently promoted as General Manager) to choose the
hardware from a particular vendor (on a single tender basis and at a very high
cost from what was available in the market). As per Mr. Pant it was customers
requirement to go with a particular vendor (how can customer dictate the
vendor).
•
Even taking the hardware at a higher cost I was able to make the system in-house
at a cost of Rs 25 lacs. The same system they were getting from vendors at
almost Rs 2.5 Crores (ten times the in-house cost).
•
Although I was doing a very small part of the project the attitude which was
there in the
overall
project got reflected in this also (as in overall IACCS project they have been
going for single tenders for ordering on pre-fixed vendors at much higher costs
than available in the market).
• Everyone looked at me as if I have done a very big
mistake by developing the system inhouse (maybe because I came on the way of
persons making money out of outsourcing the same to pre-fixed vendors).
Everyone (including the end user) tried to dissuade me from taking up the
in-house development by telling me that the system is required urgently within
six months thinking that I will raise my hands due to the impossible time lines
set for me for development. Everyone was saying that RDP cannot be made
in-house but like a fool I accepted the challenge and when I successfully
demonstrated it, I was unceremoniously thrown out of the project.
• It
is quite obvious that there is some serious misappropriation going on in the
project at the highest level.
It is obvious that since after developing the system at a cost of Rs 25 lacs Mr. D.K. Chatterjee was thrown out of the project the required systems would have been bought at inflated cost (almost ten times) from pre-fixed vendors. This has been the modus operandi in the IACCS project wherein persons who had originally been part of the project and were instrumental in development of software and selection of hardware were unceremoniously removed from the project and a bunch of persons who had nothing to do with the project were placed at the positions where they manipulated the ordering in connivance with the persons at the highest level at BEL for personal gains.
Dear Sir, Defence Public Sector company M/s Bharat
Electronics-BANGALORE is involved in
massive corruption and act of
compromising national security in Indian Air Force confidential underground
project worth Rs 7900 Crore. The project names as Integrated Air Command and
Control System (IACCS) is basically “ Construction of underground bunkers
across 10 strategic locations in the country in which all communication system
which is going to command and control all RADARS and other communication
infrastructure related to Indian air force in all the time and specially in war
time can act as a complete safe house for all VIP/VVIPS as well as IAF
Officials .
The whole project is being executed through an
consultancy firm ( bogus/ shell company) named M/S R D KONSULTANTS DELHI ,
incorporated just 3-4 months before awarding the project related work started
in 2010-11 with all false and fabricated
certificates diluting the pre-qualifications norms just to make him
accommodative violating all CVC norms/ BEL MANUALS for tendering and contract. Further, this
consultancy firm awarded major construction related works to its sister
concerns having wife and other relatives as directors through a chain of shell
/ interrelated companies.
Further Plant and Machinery Infrastructure items worth more than Rs 2500 crores are being procured from the foreign firms based in Germany, Finland. Interestingly, all these firms are linked to M/s RD KONSULTANTS where former BEL officials are also working. Even the CVO of the company SHRI SHIVA KUMAR, IAS in MARCH 2019 ,has endorsed all findings of inquiry committee and mentioned serious violations involving criminal intent through violation of procedure, misrepresentation of facts, favourism to place order to prefixed vendors through vested interest, collusion of interest and attempt to make corporate losses details of full CVO report is mentioned.
Unfortunately CMD, Mr MD Gowatma not forwarded the CVO
recommendations to CVC which is mandatory as per CVC Guidlines and time to time
orders
Mr Shiva Kumar, CVO, BEL
has finally recommended heavy punitive actions against BEL officials ,
and consultant firm with police case for recovery of money , before going for his retirement as CVO of BEL on 29 March
2019, with advance copy of his REPORT & Recommendations to SECRETARY CVC
and CVO MOD DELHI( as mandated as per CVC
guidelines and circulars no. 000/VGL/166 DATED 16 JAN 2001 & NO.
06/VGL/065 DATED JULY 2006 ). Also as per these circulars CMD Of the company
also should send report to concerned CVO MOD and put up to the company board.
It is observed that CVC is not done any steps towards
this serious corruption which is directly involved in serious compromise with
our national security and hampered the defence preparedness, as the over ground
Air force command has to complete operational in March 2018 but still the
software’s etc are not ready. And underground command centres should be ready
in coming October 2019 but the work is not completed even 30% only object to
procure things for minting money and infrastructure are not ready or some are
not started yet.
As amount is huge in tune of Es 7900 crs so all
machineries are working to buried the
issue.
This whole act of massive corruption and irregular
practices in such a highly sensitive and strategic national importance project
has put the complete national security related to IAF operations and
intelligence at Risk & Danger. Many of the project teams members of BEL
some of which have retired and now the
present management team consisting of CMD
(MR GOWTAMA), DIRECTOR (OU)- MR NATRAJ KRINAPPA, Director Finance Mr khosy
ALEXXANDER & GM-NCS MR JAYDEEP
MAJUMDAR) are directly involved in these corruption and are openly
supporting all this mal practices.
A direction was issued by BEL CMD MR GAUTAMA to cease and
confiscate all Personal Computers of internal enquiry committee members which
shows fear of corrupt BEL officials.
Air Force’s (IAF) highly sensitive Integrated
Air Command and Control System (IACCS) project to establish the 10 underground nodes
in entire country Air Force site and knowingly under the command of MR
GOWTAMA the all irregularities in constructions and procurements were overlooked
and due collapse in three sites, the heavy losses worth several crores was born
by BEL and protected the contractors/vendors interests and no penalty was made
against design consultant even it is in terms and condition. All approvals were
done by Mr Goawatma with vested interest and loss to poor public tax payers.
All above shows a case of massive corruption,
fraud and abuse of power with criminal intent and a huge loss to Government
public money by BEL senior management persons in connivance with chief
consultant, EX DRDO and some IAF officials. The whole investigation
report findings are finally found true of the fact that as it is learnt
from top BEL & DRDO sources last week M/s RD Konsultant has written to BEL
MANAGEMENT that as his chief designer has left the specifications and whole
scheme of the project BEL management has already spend thousands of crores
of public money and suppose its design does not work then who will own the
responsibility of whole scam. Now the news that the firm M/S RD KONSULTANT is
running out of project the reason could only be because his fraud has come out
in media and BEL current management instead of taking legal action against the
corrupt, trying to harass and victimize the honest and brave investigation team.
Hope CVC will act on CVO, BEL recommendations and
sent to this case to CBI for thorough investigation to save the public money
Regards
Complaint dated 15-07-2019 has been successfully received in CVC. For status/action taken on your complaint no. 131351/2019/vigilance-9
Enclosed
Details of Investigation of CVO, BEL on Air force IACCS Project irregularities
Copy of BEL, CVO recommendations after investigation
Copy email by site engineer who exposed the corrupt practices going on Air force IACCS Project sites
Yatish Yadav Jul 11, 2019 12:31:00 IST First Post New Delhi: After Firstpost expose on glaring irregularities in the civil construction of Indian Air Force’s (IAF) highly sensitive Integrated Air Command and Control System (IACCS) project, a former manager of a defence public sector undertaking and a whistleblower has surfaced alleging corruption in the procurement of software for automated command and control system for air defence operations.
Bharat Electronics Limited (BEL), a defence public sector undertaking is implementing the Rs 7, 900 crore project, which was initiated during the UPA regime.
The former manager of BEL, Bhupesh Sharma in a letter to the Ministry of Defence and the Central Vigilance Commission (CVC) on 29 June 2019 has said that top management of the defence public sector undertaking, quietly buried the findings of a 2016 internal inquiry, which indicted six BEL officers for alleged corruption. Sharma alleged that despite a reminder from the Chief Vigilance Officer (CVO) of the company to the Chairman and Managing Director (CMD) of BEL in April 2018, no punitive action was taken against the accused officers.
Representational image of an air defence system. Reuters
Sharma, then part of the procurement committee, had blown the whistle over alleged manipulation in the procurement of Data Distribution Service (DDS) software to favour an American company. Sharma alleging victimisation said accused officers indicted by vigilance were rewarded by BEL while he was harassed for exposing deep-rooted corruption.
“Even after CVC intervention and reminders by CVO to CMD (Chairman and Managing Director) no action was taken against the erring officers. I was harassed and troubled to the extent that I was forced to resign. Instead of black listing the vendor M/S RTI USA, the order was finally placed on the vendor. The vigilance officer who did the enquiry in this case has also been given punishment posting to a remote unit of BEL. The message given by the top management was clear that anyone who speaks against corruption would be brutally suppressed and those who play along with the persons at the top having vested interests would be rewarded,” Sharma, who claims to have been decorated with innovation award, excellence awards and Raksha Mantri award for IACCS project , wrote to the CVC.
The documents also reveal that efforts were made by BEL officers to conceal the alleged irregularities by removing the files and purchase order. Even the investigators were denied full access to e-mails of concerned purchase department.
A detailed questionnaire sent to the Chief Vigilance Commissioner Sharad Kumar, Ministry of Defence and BEL CMD MV Gowtama remained unanswered.
Unravelling of software scam
Firstpost has reviewed the documents submitted to the Ministry of Defence and the CVC, which clearly shows that the procurement committee had engineered unwarranted specification in the procurement of DDS software to allegedly disqualify one of the two vendors in the race for the contract.
The two companies, M/S RTI, USA and M/S Prismtech, UK represented by M/S Mistral Solutions and M/S RTTS respectively were invited by the BEL for the procurement of DDS software. The vigilance report said procurement team had pre-decided to give the contract to M/S RTI USA and the entire process of real time demonstration to assess feasibility also known as Proof of Concept (PoC) was merely an eyewash.
Although UK Company had quoted value of the project in the range of about Rs 5 to 10 crore, the quote submitted by American company M/S RTI was about Rs 130 crore. However, since, the BEL had decided to grant the project to M/S RTI, USA through its Indian representative M/S Mistral Solutions, BEL officers inserted a particular specification which caught the eye of vigilance team investigating the case.
“Technical expert in his report has stated that there is a lack of clarity in the PoC evaluation process/criteria which leads to ambiguity and conspiracy. Also technical expert has confirmed that there are irregularities and inconsistencies in framing of specifications and conducting PoC. Scope of PoC for the DDS document does not specify any particular method of demonstrating the PoC and it generally highlights the features to be shown in the PoC. Hence the vendor can select any particular method and demonstrate the features. PoC evaluation criteria and the PoC test document is not uniform for all the vendors,” the vigilance report to the CVC said.
System Requirements Specification document signed with the customer by BEL indicates that there are no special specification requirements for the use and configuration of DDS and also the security of the data transferred using DDS. PoC scope does not highlight that the above security implementations should match and confirm to DDS OMG standards. Even though no vendor has a complete implementation of DDS X types still M/S RTI was shown complied during technical bidding regarding para 6.2 of technical specification,” the report further said.
The vigilance report made it clear that specifications mentioned above as ‘para 6.2 technical specs’ were allegedly modified by the procurement committee of BEL to suit American firm. Sharma claims he had opposed such manipulation and turned whistleblower by exposing the wrongdoings in his emails to vigilance and top officials of the BEL.
“I became the whistleblower when ordering of software for the IACCS project was forcibly being ordered on the resultant single tender basis (by manipulating and making the other vendor technically non-complied). I tried my best to stop the ordering by talking to all my seniors in the unit and finally when I was not heard, I wrote to CVO and all the directors of the company including CMD about the corrupt practices being followed in the unit,” Sharma wrote to the CVC.
It is also evident from the vigilance report that the UK firm was deliberately denied security clearance for demonstration though its India representative M/S RTTS was allowed and subsequently disqualified.
“The team (BEL) misinformed M/S Prismtech regarding non-availability of security clearance on 11 May 2016, though a security clearance was taken by Senior Manager DGM (Development & Engineering division of Network Centric System 1) for the period of 9 May-11 May 2016. The contradicting statements of senior executives and D&E engineers in relation to security clearance for M/S Prismtech representative’s leads to suspect that D&E does not want to give the opportunity to M/S Prismtech to demonstrate the features,” the vigilance report said.
Questions have also been raised by the vigilance team over the formation of a technical committee and PoC committee for the procurement. The report observed although the procurement involves a lot of technical parameters related to software and high value of approximately Rs 130 crore, the procurement committee was made with two mechanical engineers, one finance and two electronic engineers. The report slammed BEL further asserting that there were no software professionals in the technical specification team and approval of a procurement team with non-technical members reveals a lax approach of the management as they played a dubious role.
“It appears that D&E engineers (Development & Engineering division) have played a pivotal role in finalizing specifications whereas others merely acted as spectators,” the vigilance report said.
The report has also raised doubt on the assessment process of technical specifications saying that evaluation of features is not the same for both M/S Prismtech and M/S RTI.
It said the PoC which were done by engineers from M/S Mistral Solutions, representative of RTI, USA, did not have relevant past experience to carry out PoC of DDS software and they could not answer anything technically or relevantly. The vigilance team during an interrogation of engineers from Development & Engineering division found that some engineers who were nominated as PoC members were not aware that they were part of an evaluation team.
Some were absent during the assessment, some engineers had relegated the job to their junior executives and no detailed review was done during the conduct of PoC and no senior executives have monitored the progress of PoC though it was such an important activity for the project. The test report of the American firm was also prepared in advance.
“From the test data report of M/S Mistral (representative of M/S RTI USA, it emerges that test data report was pre-prepared by suppliers and merely signed by BEL engineers. During examination of D&E engineers, it is observed that D&E-NCS has started working on evaluation versions of M/S RTI, USA since October 2015 through license agreements. During evaluation many issues came time to time and were resolved. This was probably the reason that PoC with M/S RTI, USA was merely a formality. The PoC conducted by M/S Mistral Solutions has been cleared despite number of irregularities/ inconsistencies,” the vigilance report said exposing the manipulation to favour a particular vendor.
The documents reveal that before the investigators could examine the documents related to alleged corruption, the files were removed by the concerned officers to erase the audit trail.
The vigilance report said, “Documents with respect to change of specifications which is intimated to M/S RTTS (India representative of M/S Prismtech, UK) was not found in the file, not informed to the investigator at any point and the same was concealed by purchase department. There was no documentary proof regarding the intimation of changed specifications to four cases to all the suppliers participated in the bidding. Currently, the purchase requisitions are also deleted in SAP (System Applications and Products) without assigning reasons and Unit Management has not given any reasons till now for the same.”
The vigilance report which was forwarded to the CVC on 24 November 2016, clearly opined that there are procedural violations in the subject case and there appear to be malafide intentions right from the beginning of coming out of consolidated requirements, generating the specifications for this software instead of PP drawings, arriving of PoC conditions, the manner in which PoC was conducted and M/S RTI, USA bid was accepted and M/S Prismtech bid was eliminated.
The vigilance recommended blacklisting of M/S RTI, USA, initiation of disciplinary action against officers involved and including the name of two senior officers in doubtful integrity list.
In defence procurements, the private companies are known to be hiring retired officials to exercise the influence. In this case too, vigilance raised apprehension about alleged manipulation as a former CMD of BEL was on board of Mistral Solutions. The vigilance had recommended a probe by the Central Bureau of Investigation (CBI), however, the matter was never referred to the premier investigative agency.
“It is learnt that M/S RTI’s malafide intention/ involvement with BEL D&E team cannot be underestimated as ex-CMD (BEL) Mr. Ashwini Kumar Datta is working in M/S Mistral Solutions which requires further investigation by the CBI,” the vigilance report said.
In its recommendation, the vigilance also said the finalisation of specifications and scope of PoC should be done by a competent technical committee and any vested interest/doubtful integrity executives should not be part of the panel.
Cover-up by BEL?
The alleged cover-up in the entire irregularities started after the project came under the scanner. The Rs 130 crore tender was scrapped and suddenly BEL realised that they have in house capability to provide that suspected security specifications that was inserted to allegedly favour a particular company.
However, Sharma said, the BEL management did not take any disciplinary action against accused officers, did not include two senior officers in doubtful integrity list and did not blacklist the American firm. In fact, Sharma alleged, a bogus re-tendering process was initiated on the single-vendor basis and this time the DDS software contract without suspected specification was awarded to same firm Mistral Solutions, India representative of RTI, USA at less than Rs 10 crore. The BEL GM, NCS Joydeep Majumdar in a letter to the CVO confirmed the contract to Mistral Solutions while claiming they have saved more than Rs 110 crore.
“Earlier security features were included in the RFQ for DDS software. M/S Mistral Solutions qualified technically. Mistral quoted Rs. 120 Crores, however, the technical committee after study found out that the security solution was available with CRL Bangalore (Central Research Laboratory) and no need to buy from Mistral. A proof of concept was carried out and it was found working with the proposed DDS. Thus, the committee decided to go for the same DDS from Mistral which was purchased earlier for CMS in NCS, SBU which was without security features and hence was valued very low. Also, since the NCS engineers are conversant with this DDS it will obviate learning the new DDS, if chosen otherwise. A fresh Single Tender Enquiry was floated and the expected order price is less than Rs.10 Crore,” GM Majumdar wrote to the CVO on 9 February 2017.
This new found solution to douse the scandal was clearly an afterthought, reveals the documents sent to defence ministry and the CVC. The vigilance report clearly stated that Request For Proposal (RFP) even before the procurement process began, was finalised in coordination with the CRL. Nowhere, documents mentioned CRL team’s observation that they have in-house capability of security solution and therefore there was no need to purchase it from a private vendor at such a high price.
Even after RFP, the two members of CRL were part of the evaluation process and nowhere during the assessment process, the members acknowledged having in-house capability for the security solution that could save taxpayers money. In fact, further investigation revealed that UK’s company India representative M/S RTTS had held meeting at CRL Bangalore but the issue of having this in house security specification capability was not raised.
“A meeting with the vendor M/S RTTS at CRL Bangalore was conducted and the vendor has informed during discussion that PoC had ambiguous requirements not in line with PoC document, hostile environment during conduct of PoC by some of the PoC team members, required infrastructure which has to be provided by BEL was not provided,” the investigation report said.
Sharma claimed, the BEL officials brought up the issue of CRL having security solution only after procurement came under the vigilance scanner to conceal the alleged irregularities.
Subsequently, the CVC, not pleased with soft action of merely issuing warning letters to accused officers, wrote to BEL CMD MV Gowtama on 5 July 2017 for taking appropriate action.
“The Commission has observed that the tender was scrapped but the violations are serious in nature. The officers concerned have been let off with very lenient action. The Commission has desired that the CMD, Bharat Electronics Limited may review it sou-moto, if provision exists,” Ajay Kanoujia, Director, CVC wrote to Gowtama.
Later on 17 July 2017, Manager Vigilance in a note decided to send a reminder to the CMD observing that action against accused officers were indulgent.
“In the subject case, CVC’s observation were in line with Corporate Vigilance’s observations that a lenient view has been taken by the disciplinary authority without analyzing corporate vigilance letter/report, to close the case with minor penalty actions for the reasons not mentioned in the corporate vigilance report. In this regard, in line with CVC recommendations, it is proposed to send a letter to CMD to initiate appropriate major disciplinary proceeding action on attempts done by delinquent officers,” the note said.
Further, file noting suggests that another reminder for action in the case was sent to the CMD on 9 April 2018. It is also learnt that similar irregularities were unearthed in the procurement of database (DB) and Operating System which were later rectified after an internal probe flagged the wrongdoings.
Similarly, in civil construction, the issue of a single vendor for design consultant and procurement from the related parties have come under the vigilance scanner. Instead of taking action against the accused officers named in the vigilance report, the defence public sector undertaking has suspended members of the investigation team, who exposed the corruption.
“The same modus operandi has been followed with the vigilance team which brought out the corruption in selection of the design consultant and civil infrastructure ordering. The report of the vigilance enquiry has been downplayed and every member who was part of the vigilance enquiry has been charge sheeted, suspended or given punishment postings,” Sharma wrote to the CVC.
Seems to Discuss New Terms and Conditions to Take BEL on Greater Heights and Figures
Bharat Electronics Limited CMD M.V. Gowtama meets Union MoS AYUSH (Independent Charge) and Defence Shripad Yesso Naik, in New Delhi on June 19, 2019 Bharat Electronics Limited CMD M.V. Gowtama meets UnionDefence Minister Raj Nath Singh
Hello,
Kindly provide me with the following information
requested under the purview of the Right to Information Act, 2005 in respect of Office order no. 12/03/10
dated 5 march 2010 issued by CENTRAL VIGILANCE COMMISSION GOVT OF INDIA , requires
VIGILANCE MANUAL VOL 1 , 6th
Edition wide para 2.16.2 provides
for review of vigilance work in an organization to be taken by chief executive
of the organization. The Commission has advised all organizations to hold
regular meetings for review of vigilance work on monthly /quarterly basis in a
structured manner between the CVO & chief executive in the organization.
Whether structured review meetings were held
between CVO- BEL & CMD -BEL during 01-04-2016 to 31-03-2019 – YES/ NO
If yes, provide the number of such meeting were
held.
Provide
details and minutes of meetings
Whether vigilance work reviewed in such meetings
between CVO-BEL & CMD- BEL during 01-04-2016 to 31-03-2019 – YES/ NO
If yes, provide details and minutes of meetings.
If no , details of other agenda for discussions
Whether actionable points were drawn up during
the meetings during 01-04-2016 to
31-03-2019 – YES/ NO
If yes, provide details and minutes of meetings.
Whether CVO-BEL has reported such
monthly/quarterly review held in monthly report to commission during 01-04-2016 to 31-03-2019 – YES/ NO
Hello,
Kindly provide me with the following information
requested under the purview of the Right to Information Act, 2005 in respect of
M/s R D Konsultants, C-9, Vasant Kunj, Local Shopping Complex,,
Delhi – 110070. As per enclosed CVO, BEL investigation that firm name was
suggested by DRDO for consultancy work of Approx 7900 Cr IACCS project. In
investigation few documents revealed that M/s R D Konsultants claimed that the
firm involved in consultancy in DRDO projects worth 3000 Cr. In one document of
BEL two DRDO officials name is reflected while in processing of awarding
consultancy assignment of said IACCS project
WhetherM/s R D Konsultants claimed of consultancy assignments in
DRDO past and present projects are correct (document enclosed )Yes or No
If yes then correct value of
consultancy only amount paid by DRDO to M/s R D Konsultants till date.
Please provide that M/s R D Konsultants Partnership
Company has any kind of registration in DRDO. Yes/No
Please confirm that the names of
DRDO officials
Shri S K Singh, Additional CCE, Shri M S Rathore, Scientist E are reflected
in BEL tender processing documents are
correct (document enclosed) Yes/No
Please provide the copy of BEL
request for these officers to attend such tender processing meeting if any
yes/No
If no then these officer can
attend such tender processing meeting unofficially yes/no
Note – the matter is
related to very high value corruption Rs 7900 cr as per media reports
published, it is observed that as per CVO investigation report that DRDO officials
were played a vital role in awarding
consultancy assignment to M/s R D Konsultants approx 16 cr.
Enclosed – BEL tender processing document page where two
DRDO name is reflected
M/s R
D Konsultants document where he claimed the work.
Registration Number MODEF/R/2019/51863
BEL CVO Recommendations
BHARAT
ELECTRONICS
CORPORATE
VIGILANCE
No.:21328/399&426/BEL./GAD/18-19
Date
29th March 2019
SUB:
Detailed enquiry done on the allegation of irregularties & Gross Violations
in the appointment of Design Consultants and in the execution of IACCS Project.
This has a reference to email complain: dated 31st August 2017 received at Corporate Vigilance from Shri‘ Mimish Aggarwal, Advocate. Supreme Court of India regarding scam in NCS unit of BEL. Ghaziabad in the 10 construction sites projects allotted for defence and also regarding appointment of Mr Manish Goyal. Corporate Vigilance has verified the identity of the complainant . The complainant was verified through the stated email id advn1maggarwaI@gmail.com.
A Fact verification request
was sent to the V0/GAD vide ref. 21328/399/BEL/GAD/17-18 dated 07.09.2017.
Based on the request of VO/GAD vide email dated 28″‘ September 2017, to
appoint technical personnel for investigating the case, Corporate Vigilance has
constituted the following Technical committee vide Ref No.
21328,/399/BEI./GAD/17-18 dated 14th December 2017‘.
a) Shri Satyanarayana H N, Sr DGM (Civil/BG)
b) Shri. Y.K Sharma then DGM (lACCS-Infra)/GAD
c) Shri M M Roy, then DGM (Vigilance/Central GAD
& Delhi Offices]
d) Shri.Anil Kumar Gupta, then DGM&VO (NCS&SCCS]
There was a request from GM (NCS)
vide letter ref 13708/143)/GM(NCS),/GAD dated 14th December 2017
regarding importance of Shri. Y K. Sharma in the IACCS project and also there
was an email dated 20th February 2018 from Shri. Satyanarayana HR. Sr
DGM (Civil/BG), regarding his ill health, which were received at Corporate
Vigilance. Hence the committee has been reconstituted vide Ref.
21323/399/BEL/GAD/17-18 dated 01st March 2018, with the following members, after
discussion with Shri. Charan Singh, the .then GM (Radar & Unit Head) for
the nomination of Shri. Arun Kumar Raheja. AGM (CS/GAD).
a) Shri. Arun Kumar Raheja, AGM (CS/GAD)
b) Shri. Syed Shakir Hussein, DGM (Civil Estate)
/Bg.Cx
c) Shrl Madan Mohan Roy then DGM (Vigilance /Central
GAD & Delhi Offices]
The above committee has to
make an independent verification of the complaint, study the contracts
pertaining to the same and submit its report The technical committee has
visited the —— site on 22.03.2018 & 23.03.2018. The committee had
failed and deviated from the main complaint and submitted its two page
perfunctory Report pertaining only to —— site without proper investigation vide
nil ref dated 20.03.2019.
Copy of the report is
enclosed as Annexure-A. The technical committee’s report was irrelevant and
does not cover the allegations of the total complaint The enquiry done by the
technical committee pertains only to —— site without going into the
allegations and details contained in the complaint
As the V0’s report was not
Comprehensive and incomplete, this has necessitated appointing a Senior Officer
of repute for conducting the investigation in total. Corporate Vigilance had
appointed Shri. MM Pandey GM [PS], the senior officer of repute, as investigation
officer, to investigate the above‘ matters related to cases vide Ref
21328/399/BEL/GAD/18-19″dated dared 18th July 2018.
The investigation officer [IO) & GM [P5] had submitted a detailed report on 03-10-2018
There are very important observations made by the IO in his inquiry report, in the subject investigation. After careful study of IO’s report» such observations are concurred and agreed upon by Corporate Vigilance. Important observations from IO’s report are enclosed
The lapses and serious violations observed are enclosed
After examination of
Technical committee report. Fact verification report of Mr
MM Roy, VO/GAD and detailed investigation report of IO & GM {P5} and
related documents’ the following are observations of Corporate Vigilance. ‘ –
Corporate Vigilance
Observations;
As per BPE guidelines given under letter no
BPE/GL/025,178,!Prodn./PCR/2/77,/BPE/Prodn. Dtt 15 July, 1978. Which was circulated under” CVC circular No.
31.-IRC 1 dated 10.01.1983, for any new projects expansions, modernization/
modification of the existing projects involving an expenditure of Rs. 5 crores
and above, “the final selection and commissioning of the consultant should
be done with the approval of the board of public sector enterprises”. In
the subject case of appointment of M/s RD Konsultants during 2011 & 2013,
the files are approved bv CMD. However board approvals were not taken in the
subject cases.
As per CVC guidelines, the pre-qualification public notice should be issued to enlist names
-of suitable consultants. However the same was not Followed by the committee
and hence CVC guidelines in this regard was found violated.
3)
As per noting mentioned by Shri
P.K. Bhola, the then DGM[Marketing), at the initial stages, BEL has taken the
support from M/s DRDO citing non expertise in the field of underground
structure, and went on to appoint M/s RD Konsultants on nomination and adhoc basis for the preparation
of Preliminary Project Report at a cost
of Rs 13.23 Lakhs. However there were no “documents or written correspondences
are available in the file, indicating the recommendation of DRDO. As per above
CVC guidelines “Even though individually such works are less than Rs 5
Crores, it is necessary that the appointment of consultant should not be made
arbitrary or ad-hoc. In the subject case, the CVC guidelines with respect to
appointment of consultant was found violated.
4)
The value of contract awarded to
Mfs RD Konsultants during 2013 is Re. 15.04 Crores. The Scope of work includes
a]
Preparation of draft detailed project
report of all 10 sites including cost estimates on non-exceeding basis with conceptual
design of structure and services, geotechnical and topographical surveys and
preparation of final detailed project report for all the 10 sites.
b]
Detailed design engineering of
structures and services, preparation of working drawings tender documents etc.
c]
Regular designer supervision and
submission of inputs/ working drawings /documents for work to be executed at
all 10 sites up to completion and handing over of sites to user
5)
It is observed that, . there were
suppression and concealment of facts by the Committee, in the proposal
initiated during 2013, with respect of appointment of Consultants during 2011, for
preparation of Preliminary Project Report. It is pertinent to mention that in
the proposal for appointment of consultants during 2011, there is a noting from
Sr.DGM(F)/CO that as per CVC guidelines issued vide Ref 011/VGL./063-134657
dated 24th June 2011, if M,/s RD Konsultants is hired.as consultant
for preparing preliminary project report then he cannot be considered for
future similar re1uirements for IACCS project. Though the proposal was agreed
by CMD, these facts are not brought in the consecutive file raised and the
committee have succeeded to give order on pre-fixed vendor M/s RD Konsultants.
‘
6) Because of concealment of information
wrt previous appointment and delinking of old files and notings, led to the
misrepresentation and concealment of Fads
which resulted in placing of order on prefixed vendor M/s RD Konsultants though
open tender has been called for formality.
7)
During the Open tender, though 26
agencies have responded to expression of interest, it was reduced to 6 agencies
after pre qualification. These points are brought in detail in IO’s report lt is
observed that the committee during the initial screening has brought down 26
agencies to 14 agencies with shallow scrutiny and with total arbitrariness,
as-explained-by lO. After presentations further screening has resulted in
qualifying only 6 agencies. It is pertinent to mention that after presentations
M/s Super Dynamics was disqualified citing only two years turnover against
required pre-qualification of 3 year turnover. However preferential treatment
was given to M / s RD Konsultants and the same prequalification criteria was not
applied uniformly especially to M/s RD Konsultants. This shows a clear cut case
of vendor favouritism.
8)
During evaluation of
prequalification criteria, the committee had violated the CVC guidelines and
company’s work contract procedures with respect to evaluation of documents with
respect to turnover submitted by M/5 RD Konsultants, non-evaluation of relevant
documents pertaining to works completed by M/s RD Konsultants but only taken on
face value and non-visit of sites completed by Mfs RD Konsultants. The details
are brought out in the I0’s report enclosed at Annexure-C. It appears that
wrongful clearance was provided to M/s RD Konsultants and the committee had
facilitated M.s RD Konsultrants for-prequalification
by violating the Company‘ s procedures,
to place the order on pre-fixed vendor M/s RD Konsultants.
9) The
committee during evaluation of pre-qualification criteria had created confused
trends by changing the pre-qualification criteria twice without anv reason and
during such changes, post facto approvals are taken from CMD forcing the
management to committee’s decision. The dilution of prequalification criteria by
the committee had subsequently led to the qualification of M/s RD Konsultants.
It is observed that the pre-qualification criteria were not defined properly at
the initial stages of tender. In this subject case, it is a clear cut and
definitive violation of CV(I guidelines. .
10) It is further observed, the agency M/s
RD Konsultants was established during April 2010
Recommendations:
To blacklist M/s RD Konsultants for the fraudulent transactions with M/s BEL and also as the agency had involved in collusion of interest by executing the works through his affiliates M/s CS constructions Pvt Ltd, 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.
Disciplinary Proceedings to be initiated on the committee members for violating company’s procedures & CVC guidelines and facilitated the selection of M/s RD Konsultants during evaluation of prequalification, without scrutinizing the submission of works experience, site visits and clearing the fake turn over documents of M/s RD Konsultants. Theviolations were brought in the Corporate Vigilance observations points 1-15.
The following committee members are
to be held responsible even though few of the delinquent officers are retired
R K
Handa then GM(NCS) – Retired
Gurjeet
Singh then Sr. DGM(CS) – Retired
T.K.
Moitra then DGM(F&T)
Virender
Kumar then DGM(AC) CS
Saleem
Parveez. Manager (Civil) CS
3 With respect to appointment of Mr. Manish Goyal, it is observed that his experience falls short of minimum criteria of 10 years. These facts are not checked by HR/GAD. Disciplinary Proceedings on Shri. Dibyendu Bidyanta, AGM(HR&A) & Shri. B.K. Pant, DGM (HR&A) who are involved in the recruitment of Shri. Manish Goyal, as per CDA rules. Mr. Manish Goyal shall be kept under suspension henceforth for fair conduct of department/legal proceedings.
4 The unit has not prepared their own
instructions and procedure duly approved by the board for the appointment of
consultants to ensure that the selection is made with maximum attention to the
suitability, competence and proven track record.
CCTVs installed at the behest of
vigilance has not kept in proper record which led to non-maintenance of
measurement books, subleasing and collusion of parties.
It
is important to mention that IACCS is a time bound project of armed forces viz
Air Force. Hence care to be taken to ensure customer get real value for money procedural
proprietaries are maintained, no collusion of interest and involve customer at
all possible levels, abiding by CVC guidelines and no corrupt practices are
involved, in such important projects.
Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of news series published in First Post Apr 02, 2019 -Bharat Electronics in the dock for compromising confidential IAF project, favoring one vendor, BEL s internal inquiry report reveals. In response of enclosed RTI from BEL CMD confirmed that CVO, BEL investigated and prepared a report on IACCS project for irregularity and compromising in IACCS project. According to BEL, CMD received the investigation report on 02.04.2019 and on 21.05.2019 submitted his observation on recommendations of CVO, BEL.
Whether CMD, BEL send such observation on recommendations of CVO, BEL to Ministry of Defence Production on IACCS Project. Yes or No
If yes, then date of receiving said CMD, BEL letter.
Provide the certified copy of CVO, BEL, recommendations which enclosed by CMD, BEL (actual CVO recommendations matter is enclosed as PDF)
Current status of the report, action taken till date by competent authorities.
Provide the measures taken by competent authorities for protect the national security informations existing with M/s RD Konsultants and his associate related to AICCS project.
Provide the action taken steps till date on M/s RD Konsultants the fraudulent transactions with M/s BEL as recommended by CVO, BEL.
Provide the action taken steps till date on the committee members for violating company’s procedures & CVC guidelines and facilitated the selection of M/s RD Konsultants during evaluation of prequalification, without scrutinizing the submission of works experience, site visits and clearing the fake turn over documents of M/s RD Konsultants.
Provide the action taken steps till date on Shri. Dibyendu Bidyanta, AGM(HR&A) and Shri. B.K. Pant, DGM (HR&A) who are involved and responsible for overlooked the criteria in Mr Manish Goyal appointment
Provide the action taken steps till date on Mr Manish Goyal as CVO recommended suspension till departmental fair proceeding
Provide the action taken steps till date to maintain the CCTV and its record in all AICCS project sites as observed by CVO,BEL
To blacklist M/s RD Konsultants for the fraudulent transactions with M/s BEL and also as the agency had involved in collusion of interest by executing the works through his affiliates M/s CS constructions Pvt Ltd, 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.
2 Disciplinary Proceedings to be initiated on the committee members for violating company’s procedures & CVC guidelines and facilitated the selection of M/s RD Konsultants during evaluation of prequalification, without scrutinizing the submission of works experience, site visits and clearing the fake turn over documents of M/s RD Konsultants. Theviolations were brought in the Corporate Vigilance observations points 1-15.
The following committee members are to be held responsible even though few of the delinquent officers are retired
R K Handa then GM(NCS) – Retired
Gurjeet Singh then Sr. DGM(CS) – Retired
T.K. Moitra then DGM(F&T)
Virender Kumar then DGM(AC) CS
Saleem Parveez. Manager (Civil) CS
3 With respect to appointment of Mr. Manish Goyal, it is observed that his experience falls short of minimum criteria of 10 years. These facts are not checked by HR/GAD. Disciplinary Proceedings on Shri. Dibyendu Bidyanta, AGM(HR&A) & Shri. B.K. Pant, DGM(HR&A) who are involved in the recruitment of Shri. Manish Goyal, as per CDA rules. Mr. Manish Goyal shall be kept under suspension henceforth for fair conduct of department/legal proceedings.
4 The unit has not prepared their own instructions and procedure duly approved by the board for the appointment of consultants to ensure that the selection is made with maximum attention to the suitability, competence and proven track record.
CCTVs installed at the behest of vigilance has not kept in proper record which led to non-maintenance of measurement books, subleasing and collusion of parties.
It is important to mention that IACCS is a time bound project of armed forces viz Air Force. Hence care to be taken to ensure customer get real value for money. procedural proprietaries are maintained, no collusion of interest and involve customer at all possible levels, abiding by CVC guidelines and no corrupt practices are involved, in such important projects.
Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of recommendations of CVO, BEL 29.03/2019
Whether CMD, BEL send recommendations of CVO, BEL ( matter enclosed) with observation as confirmed in RTI reply no 17556/2019/RTI/CC/1795 dated 28 May 2019 to Ministry of Defence Production on IACCS Project. Yes or No
If yes, then certified copy of observations and copy of recommendations of CVO, BEL.
Provide the measures taken by BEL authorities for protect the national security informations existing with M/s RD Konsultants and his associate related to AICCS project as M/s RD Konsultants declared the 95 manpower and numbers of computer and laptops
Provide the action taken steps by BEL till date on M/s RD Konsultants the fraudulent transactions with M/s BEL as recommended by CVO, BEL.
Provide the action taken steps till date on the committee members for violating company’s procedures & CVC guidelines and facilitated the selection of M/s RD Konsultants during evaluation of prequalification, without scrutinizing the submission of works experience, site visits and clearing the fake turn over documents of M/s RD Konsultants.
Provide the action taken steps till date by BEL on Shri. Dibyendu Bidyanta, AGM (HR&A) and Shri. B.K. Pant, DGM (HR&A) who are involved and responsible for overlooked the criteria in Mr Manish Goyal appointment
Provide the action taken steps till date by BEL on Mr Manish Goyal as CVO recommended suspension till departmental fair proceeding
Provide the action taken steps till date by BEL to maintain the CCTV and its record in all AICCS project sites as observed by CVO,BEL
Certified copy of email complaint received at Corporate Vigilance, BEL on dated 31.09.2017 the complainant was Advocate of Supreme Court, Mr.Manish Aggarwal, regarding scam in NCS unit of BEL Ghaziabad I construction sites of defefence project and irregularities in appointment of Mr Manish Goyal, Manager Civil
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”.
Appeal to clean DRDO of corrupt and anti-national officials