Mr. Udaya Shankara K S AGM (Marketing), CPIO, Bharat Electronics Limited Corporate Office, Outer Ring Road, Nagavara, Bangalore – 560 045
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. No.005/VGL/4 Government of India Central Vigilance Commission Circular No. 31/9/06. Subject-Posting of details on award of tenders/contracts on websites/bulletins, copy enclosed. It is observed that BEL, Website suddenly stopped Posting of details on award of tenders/contracts eProcuement-SRM after media published the Rs 7900 Cr scam in Air force IACCS Project.
1.Provide the date and time of stopping Posting of details on award of tenders/contracts on BEL Website eProcuement-SRM
2.Provide the name of authority who place the order to stopping Posting of details on award of tenders/contracts on BEL Website eProcuement-SRM
3.Provide if details of efforts to restart Posting of details on award of tenders/contracts on BEL Website eProcuement-SRM
4.Provide details and copy of letter if any orders received from BEL CMD Office for stopping Posting of details on award of tenders/contracts on BEL Website eProcuement-SRM
Whether BEL take any policy decision not to Posting of details on award of tenders/contracts on BEL Website eProcuement-SRM then provide the details therof.
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.
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
CVC, MoD registered 9 cases against Dr. Arvind Kumar Saxena, Ex
Director, DMSRDE, Kanpur and other scientists as per CVC the complaints has
been sent to CVO, MOD for further action, to Director Vigilance, DRDO with
reference No. 1323/2014/Vigilance 9, 3617/2014/Vigilance 9, 5022/2014/Vigilance
9, 13248/2014/ Vigilance 9, etc.
Recently a RTI reply recived on 27 June 2019 at 10:53 AMfrom CVO, MoD revealed that
(1) As per records available in the file the
following complaints were received
(i) Complaint(s)
dated 26.12.2013, 17.12.2013, 15.01.2014, 24.12.2013 and 07.01.2014. The matter
was examined in consultation with CVC and it had been decided with the approval
of the competent authority to take the following action:-
(A)
Close the following complaints
(i) Regarding irregularities in procurement of
laboratory micro processor based high
temperature furnace.
(ii) Irregularities in procurement of antivirus
for computers and
(iii) Irregularities in procurement of analytical
weighing balance.
(B) Issue recordable
warning to 8 serving officers found involved in irregularities in procurement
of high temperature reactor system and 18 serving officers found
involved in procurement of chemicals.
(C) No action
against officers who have retired from service.
(2) As contents of
the replies/correspondence/file of the DRDO contain information relating to
other officials/officers including third party information and disclosing the
names of the officers dealing with the matter is barred under Section 8 (1) (g)
and (j) of RTI Act, 2005. Moreover disclosure of the information would not
serve any larger public interest.
(3) As regards
complaint letters forwarded by CVC to D(Vig) and further forwarded to DRDO for
action, in this connection, it is stated that these dates back to 2013 and 2014
and records of forwarding letters to DRDO of these period are not available.
Question is that the recordable
warning to 8+18 scientist are nothing they are the puppets of Director and
signed all wrong doings of boss for their promotion not for financial gain.
The Saxena the main culprit
and conspirator of case have guts to deny the email exchange with vendor to
discuss the requirement and finalize the specs before raising the file and made
arrangement to split the order as per financial power and so many evidences are
available because of evidences only the recordable warning was issued then how
come kingpin escaped scot free.
Second is if reactor’s design is copy right of DMSRDE then what is meaning of M/s De Dietrich Process Systems India Pvt. Ltd, Mumbai mail which received by Dr A K Saxena via Mr Anish Gupta from M/s Manglam Traders with attached annexure
From: Anish Gupta
mangalam26@bsnl.in
Date: Tue, Dec 6, 2011 at 6:54 PM
Subject: Offer for High Temp. Reaction Unit
To: AKSAXENA
arvsaxena@gmail.com
“The
line diagram attached is not exactly as per their offer, they have forwarded us
understand it will be somehow like the same. As per our line of requirement
they will send us in 2 to 3 days.”
Subsequently Dr.
Saxena forwarded this mail to Sh JN Srivastava
From:
arvind saxena arvsaxena@gmail.com
To: jn_sri@rediffmail.com
Subject: Fwd: Offer for High Temp. Reaction Unit
Dr.
Saxena can you explain what does the meaning the following enclosed drawing of
50 Lt Reactor unit, is it your copy right or property of M/s De Dietrich Process Systems India Pvt.
Ltd
DMSRDE’s official can judge themselves who is
…………………………….
And everyone know that DRDO Hqrs is deaf & dumb
Here come the role of DRDO corrupt officials nexus before his retirement of Saxena the then DOP, DHR, DG, HR, Director Vigilance, DRDO played vital role to get vigilance clearance from, CVO, MoD, one can imagine that this clearance cost to Saxena in lots of 0000000
So it is clear message to
all corrupts of DRDO the chain is available at your service do full way
corruption in all means and share some to the chain and get clearance.
Now
people of India looking with great hope that present DRDO Chairman will weed
out the corrupt nexus in DRDO Hq as well as in Labs, the observations shows
that the spinning is started and corrupt DRDO officials may blow out from DRDO periphery..
Problem is some corrupt officials of DRDO still holding the roots of corrupt
oldies who were basically the responsible of downfall of DRDO.
Congratulations for great victory and taking charge of big
responsibility of Defence Ministry.
MASSIVE CORRUPTION IN AIRFORCE UNDERGROUND STRUCTURE,
IMPLEMENTATION AGENCY DEFENCE PSU BHARAT ELECTRONICS SUSPENDS ITS OWN
INVESTIGATING OFFICERS FOR UNEARTHING ROLE OF CMD & TOP OFFICERS
In an unprecedented move the defence public sector undertaking
Bharat Electronics Limited (BEL) has suspended three senior officials, who
unearthed massive irregularities in the Indian Air Force’s confidential IACCS
project- underground bunkers- at 10 strategic locations. The three officials
were part of Inquiry committee set up by the BEL’s Chief Vigilance officer
(CVO) in July 2018 . The team exposing the role of high ranking officers and
manipulation of awards of contracts in Rs.8000 Crore project had submitted the
report in October 2018. Instead of taking action against the corrupt officers,
BEL management led by its Chairman MV Gowtama, who himself is under the scanner
in IACCS project, acted with vengeance and suspended the investigation team
members.
It is pertinent to
mention that after three-member probe committee submitted the report, BEL CVO ,
a senior IAS officer MR S.SHIVA KUMAR 1987 BATCH in his note dated 29
March 2019 exposed the deep-rooted corruption recommending strong action
against erring officers and firms. Yet, the CMD , who is likely to be arrested
if a probe is ordered, cracked the whip against inquiry committee members for
doing honest job. This crackdown is in spite of the fact that the CVO
of the company as appointed by CVC of India had established and validated each
point of the investigation report and strongly recommended to
management of BEL for immediate police and civil criminal action against
concerned BEL officers and chief consultant of the project M/s RD
KONSULTANT. The role of senior DRDO officers is also under the scanner
since it was DRDO which recommended and fully supported the name of RD
Konsultant to BEL although it was done informally and BEL surreptitiously
avoided DRDO role in the files. The role of DRDO officers was brought
out and exposed by the BEL vigilance probe team which was suspended on 17 May
2019. To distract the
government’s IB report, CMD, BEL created suspension drama of three personal of
BEL, 2 GM Vigilance and one manager to fooling the country. This shows the
clear mockery of BEL management.
M/S RD KONSULTANT – DELHI , which came out to be a shell company in investigation report , incorporated just 3-4 months before the award of PPR consultancy project with all false and fabricated documents, and was wrongly awarded DPR consultancy project also violating BEL own manual procedures as well CVC guidelines with a criminal intent of having control over all future activities of civil contract as well infrastructure/ Plant and machinery items procurement worth more than Rs 3500 crores, as recorded in noting files and many senior management personals of M/S BHARAT ELECTRONICS , which is continuously being done since UPA CONGRESS REGIME 2011.
One very interesting fact of the whole case is that the two
BHARAT ELECTRONICS senior management personals named Mr N.K. SHARMA DIRECTOR(
MARKETTING) and MR CHANDERPRAKASH EXECUTIVE DIRECTOR (D&E) GAD, who were
the chief &key persons for co ordinating the IACCS project getting approved
from Indian air force, joined a company named “OIS ADVANCE TECH” – 90%
OWNDED BY MR SANJAY BHANDARI – famous arms dealer & power broker and
close associate of ROBERT WADRA immediately after their retirement from BEL in
2010 and 2011, and immediately after this this project got formally started by
BEL .
The detailed and very exhaustive investigation done by fact
verification team in early 2018 and further investigation team in end 2018 and
subsequently report by CVO of M/s Bharat Electronics has established the
details of massive corruption and mal practices done by M/S RD
Konsultant, its associate/related firms and senior management persons of
BEL ( since 2011 onwards till now), by abusing their powers and
violating all BEL manuals as well as documented CVC guidelines for tendering
for award of civil project works and procurement of items worth more than 3500
crores.
These civil contract worth more than 1000 crores have been
given of paper to reputed firms like M/S L&T but at almost 30 % higher and
inflated rates (as also mentioned by then Director (Finance) Mr PRABHAT ACHARYA
in file noting about more than 100 crore loss as well as violation of BEL
Contract manual conditions as well as CVC guidelines) and after some period
he resigned from company. After this project given to m/s L&T are being
done by M/S RD consultant sister concern named M/S CS CONSTRUCTIONS at sites (
even MD- Mr Rahul Baucher of M/S CS Construction used to come to
BEL-Ghaziabad unit for regular review meeting on behalf of L&T) – A
serious violation of CVC guidelines as well contract conditions of BEL
& M/S RD KONSUL) , which seriously compromise the quality , as it is a very
small petty company which in no way has a technical capability and
skill to deal such highly technical and secured project. This fact as validated
by the fact that some sites were shown as collapsed during construction
and crores of rupees were further approved by BEL management in name of
deviation with fixing the responsibility on contractor.
The detailed design which was submitted by M/s R.D. Konsultants
specified vendors for all the sub-systems which are used in the blast proof
underground buildings. It is seen that these vendors are the same which they
had brought out to be their partners during presented made by then during the
Pre-qualification bid. The Order which was placed on BEL by Air Force was also
based on the detail design report submitted by M/s R.D. Konsultants and hence
all these vendors called in the order from Air Force were the same which were
defined by M/s R.D. Konsultants.BEL has in turn placed many orders for the
sub-systems based on the vendors defined by M/s R.D. Konsultants. A visit was
made to the works of many of these European vendors by a team of engineers from
BEL along with Air Force personnel. But is it said that the team was
accompanied by a rep from M/s R.D. Konsultant and the visit was coordinated by
M/s R. D. Konsultant. These foreign companies were allowed to supply
materials on a single tender basis by the BEL chairman MV Gowtama. He in fact
overruled his own officials and approved qualification of several firms despite
they had failed to submit bid details during prescribed time. Such gross
violation was similar to the ones seen during 2G scam. BEL Chairman violated
the laid down norms by allowing these foreign firms despite objections duly
recorded by the finance division.
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 company and now on this bogus consultancy company’s design, 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 members ( in name of media leak- which even our prime minister call as a strong pillar of democracy) .
The team which is suspended and currently facing all type of
harassment, victimization and humiliation of suspension, but in spite of all
pressures and threats, have unearthed this scam just to keep the spirit of
national security and defence importance and demand only for
justice but calling for a detailed CVC/CBI/ED enquiry outside BEL management
preview immediately and immediate intervention of MINISTRY OF DEFENCE for
action on some BEL senior management for their misdeeds
A honest and sincere appeal to all concerned officials of
PMO/MOD /CVC/PRESS/JUDITARY that please take immediate action in this regard to
keep “CHOKIDAR “ alive in our souls by safeguarding the honour of
investigation team officials.
ABOVE ALL MATTER IS COVERED IN DETAILS BY A REPUTED
NEWPAPER
“FIRSTPOST” IN ITS ARTICLE DATED 02 APRIL, 09 APRIL &
26 April 2019
Before publishing in media the matter was available with AF
Intelligence, CVO, CBI, North Block, Chairman, DRDO, IB in March itself but god
knows why any agency not take-up this matter seriously.
Hope you will take up matter seriously as you are
responsible Chairperson, Audit Committee of BEL and may be aware of all developments
from side of BEL management who are posing that matter is mare deviation of
50/60 lakhs as a bonafide fighter against defence corruption since more than 20
years I am fully aware of nexus. This nexus was designed by Retired Scientist
of DRDO with ex DRDO chief because the U/G work of services was sole right of
DRDO via SPIC, but when retirement stage these corrupt DRDO official gang
create the scene and diverted this activity to BEL which doesn’t have any type
construction division like DRDO have, U/G plant machinery experience either
trading nor manufacturing in this tender only 500 cr electronics involvement
can BEL claimed. As per investigation and observation it is clearly visualize
that few greedy BEL official trapped in vicious DRDO official and for sake of
few bucks they compromised with national security as well as their
organization’s dignity. Please ask the vigilance report prepared by these three
suspended BEL employees, Report is not an eye opener but will help govern to
expose UPA era nexus who are responsible to siphon the defence budget under
shadow of secrecy.
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. 59/12/03
dated 9 DEC 2003 issued by CENTRAL
VIGILANCE COMMISSION GOVT OF INDIA , Para
2 Board of Directors should review the
vigilance work once in six months and CVO will send a copy of the review done
by the Board to the Commission
Provide the numbers of board of directors meeting held during last three years
Provide the numbers of vigilance cases were reviewed by CMD/Directors in board meetings held during last three years
Provide the details of action taken report by Board of Directors on reviewed cases
Provide the Minutes of meetings of Board of Directors meeting during last three years.
Provide the details of reviewed cases report forwarded to CVC by CVO BEL vide Office order no. 59/12/03 dated 9 DEC 2003 in last three years.
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 CVC order No 59/12/03 dated 9 December 2003. Special Chapter on Vigilance Management in Public Sector Enterprises and the Role function of CVC – Amendment to Para 32.3 thereof, (Copy enclosed). As per CVC said order that the Board of Directors should review the vigilance work in every six months
Provide number of cases reviewed by Board of Directors in last three years in six months format as per above CVC order in every six months
May 2019 first week Board of Directors meeting at Imphal, Manipur reviewed the vigilance work. Yes or No
Whether Board of Directors meeting at Imphal, Manipur considered the news series published in First Post of financial irregularities of IACCS project Yes or No
If yes then provide the action plan of Board of Directors on financial irregularities of IACCS project.
Whether BEL submitted the report of investigation on IACCS project prepared by CVO to CVC Yes or No
Provide the current status of investigation on IACCS project initiated against letter no. 21328/399/BEL/GAD/18-19 dated 18 July 2018 from BEL, CVO.