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ILLEGAL APPOINTMENT OF MS. SHWETA SINGH, SRF AT DRL, TEZPUR BY DR. VIJAY VEER, DIRECTOR, DEFENCE RESEARCH LABORATORY(DRL), DRDO,TEZPUR

28 Comments

To,                                                                                           Date – 25th May 2015                         Shri Manohar Parikar                                                                                                                       Defence Minister                                                                                                                               Room No -104 South Block,                                                                                                           Ministry of Defence                                                                                                                           New Delhi-110011

SUBJECT: IRREGULARITIES IN APPOINTMENT OF MS. SHWETA SINGH, JRF and SRF AT DEFENCE RESEARCH LABORATORY (DRL), TEZPUR BY DR. VIJAY VEER, DIRECTOR, DRL, TEZPUR, DRDO, MIN. OF DEFENCE

Sir,

Within last 10 years a bunch of DRDO officials running DRDO with their own made rules whether it is related of procurements or recruitments like the following case of recruitment of Ms Sweta Singh as JRF/SRF in DRL, DRDO, Tezpur by  Dr. Vijay Veer, Director is a small example of manipulations in GOI laid down rules.

  1. Defence Research Laboratory (DRL), Tezpur (Assam) is an establishment under Defence Research & Development Organisation (DRDO), Ministry of Defence.
  2. Vijay Veer, Scientist ‘G’ is Director, DRL, Tezpur with effect from 01 March 2012. Prior to him Dr. Lokendra Singh was Director of this establishment since the year 2010 to 28 Feb 2012.
  3. A.K. Singh is Director (Personnel), Dte. Of Personnel (DOP) at DRDO HQ, DRDO Bhawan, New Delhi with effect from 01 Dec 2012 and prior to this he was posted as Director, DHRD at DRDO HQ from Oct 2010 to 27 Feb 2013.
  4. A.K. Singh, Director (Personnel) hails from Aligarh, Uttar Pradesh which is evident from his IPR available at DRDO website. Copy of IPR is attached as Annexure No. -1.
  5. Shri Virendra Pal Singh (V.P. Singh) who is an official of Arunachal Pradesh, Government also hails from Aligarh, Uttar Pradesh.
  6. Lokendra Singh, Dr. Vijay Veer and Dr. RKR Singh, TO ‘C’, Estate Officer and Shri V.P. Singh are good friend and know each other very well as Shri V.P. Singh regularly staying at DRL, Guest House, Tezpur since past several years while he is not an DRDO/Service employee and no office/project of Arunachal Pradesh Government is existing at DRL, Tezpur. The rent of VIP suits at DRL, Guest house is only Rs. 50 -100 while the same accommodation at Hotel in Tezpur is about Rs. 2000-2500. The reasons why Dr. Lokendra Singh, Ex-Director, DRL and Dr. Vijay Veer, Director, DRL giving such kind of privilege to Shri V.P. Singh is matter of investigation?
  7. Even the Arunachal Pradesh Government Vehicle with Registration No. AR 01E 0879 is regularly parked at House of Dr. RKR Singh, TO ‘C’, Estate Officer, DRL, Tezpur. The same Government vehicle was also found in New DRL Guest House. The Photograph of Vehicle No. AR 01E 0879 of Arunachal Pradesh Government parked at New DRL Guest House is attached as Annexure No. -2.
  8. A.K. Singh, Director(Personnel) , DRDO HQ is holding sensitive posts continuously since past 8 years as Director, CEPTAM, Director, DHRD and Director(Personnel), which is against CVC Guidelines. I have filed three complaints against him to PMO & MOD on charges of Corruption. He was holding the post of Director, DHRD from October 2010 – 27 February 2013. DHRD is responsible for recruitment of JRF, SRF and Research Associates in various DRDO establishments and formulates guidelines for their appointments etc.

This complaint is regarding irregular appointment of Ms. Shweta Singh D/o Shri V.P. Singh, Aligarh as Junior Research Fellow (JRF) followed by  Senior Research Fellow (SRF) with two years extension by Dr. Vijay Veer, Director, DRL, Tezpur and extra payment of stipend while she was absent from DRL, Tezpur for about one year.

Brief Facts of the Case

  1. Shweta Singh, d/o Shri V.P. Singh was appointed as Junior Research Fellow (JRF) at DRL, Tezpur for a period of two year with effect from 03.10.2011 to 02.10.2013. She joined at DRL, Tezpur on 03.10.2011 and posted at Pharmaceutical Technology Division.
  2. Shweta Singh was getting stipend of Rs. 16000/- month from DRL, Tezpur. She remains absent/highly irregular at DRL, Tezpur during January 2013 to December 2013. Meantime she got married on 28 November 2013 at Aligarh (Uttar Pradesh). She joined back at DRL, Tezpur on 13 January 2014.
  3. In reply to one letter from Admin Division of DRL, Tezpur, Dr. P. Chattopadhyay, Group Head, Pharmaceutical Technology Division informed to Director, DRL, Tezpur vide his letter dated 07-10-2013 on Subject “Absent of Ms. Shweta Singh, JRF, Pharmaceutical Technology Division absent from 8th July 2013” stating thereby That “I am inform you that Ms Shweta Singh, JRF, Pharmaceutical Technology Division absent from 8th July 2013”. Copy of the letter dated 07.10.2013 is annexed as Annexure No. -3.
  4. On direction of Dr. Vijay Veer, Director, DRL, Ms. Shweta Singh, JRF got full stipend of the period while she was absent from DRL, Tezpur. Some complaint and RTI were filed by some persons in the matter therefore under pressure of PCDA, Dr. Vijay Veer ordered to Admin & Finance division to recover one month stipend from her. Rs. 17600/- was recovered vide letter 51/13/AE dated 28/10/2013. Copy of the letter No. 51/13/AE dated 28/10/2013 is annexed as Annexure No. -4. The same amount was deposited by Ms. Shweta Singh vide Chq. No. 508551 dated 8/5/2014. Copy of the letter dated 08/05/2014 sent from Mrs. Shweta Singh, SRF to Director, DRL regarding “Return of Excess Payment”, is annexed as Annexure No. -5.
  5. I submitted an application under RTI Act 2005 dated 26 July 2014 in the matter of Ms. Shweta Singh, JRF to CPIO, DRDO HQ, New Delhi but till date CPIO, DRDO did not replied. Copy of the application under RTI Act 2005 dated 26 July 2014 is attached as Annexure No. -6.
  6. Detailed attendance sheet of Ms. Shweta Singh from Biometric Punching Attendance System of said period may establish her long absence from DRL, Tezpur. But extra payment for only one month and three days of stipend was recovered from her by DRL, Tezpur on direction of Dr. Vijay Veer. Due to expose of the matter, DRL stopped her stipend with effect from 03 October 2013. Till date she did not get any stipend from DRL, Tezpur.
  7. As per the DO-II No. 07 dated 20.04.2012, her tenure for JRF was automatically ended on 02.10.2013. She was absent in month of October 2013 but Dr. Vijay Veer gave another big favor to her. He constituted an Assessment Committee consisting of three senior officers namely Dr. H.K. Gogoi, Scientist ‘F’, Shri Indrajeet Baruah, Scientist ‘F’ and Dr. P. Chattopadhyay, Scientist ‘D’  vide DO-II No. 07 dated 25.04.2014 to gave extension of one year to Fellowship of Ms. Shweta Singh, JRF with retrospective effect from 03.10.2013 while she was not present during said period in DRL, Tezpur and appointed her as SRF. Copy of the DO-II dated 25.04.2014 is annexed as Annexure No. -7. It was mentioned in said DO-II dated 25.04.2014 that “Extension of tenure of fellowship of the above named individual with effect from 3rd October 2013 for one year as per recommendation of the Assessment Committee held on 24th March 2014 at DRL, Tezpur”.
  8. As per DHRD, DRDO guidelines  extension for one year can only be provided to a JRF candidate after his/her presentation before Assessment Committee constituted by Director well before the expiry of tenure of 02 years of the JRF.
  9. It is big manipulation and conspiracy that Ms. Shweta Singh never appeared before the Assessment Committee and she got extension of one year with retrospective effect by Assessment Committee vide DO-II No. 07 dated 25.04.2014. The said Assessment Committee was constituted by Dr. Vijay Veer, Director, DRL, Tezpur in the March 2014, which held the meeting on 24 March 2014.
  10. The recommendation of the Assessment Committee was approved by Dr. Vijay Veer, Director and Ms. Shweta Singh got extension for fellowship as SRF for one year from 03.10.2013 to 02.10.2014 vide DO-II No. 07 dated 25.04.2014.
  11. Surprisingly, while tenure of Ms. Shweta Singh, JRF was automatically ended on 02 October 2013 vide DO-II NO. 07 dated 20.04.2012, then why Dr. Vijay Veer allowed her to work in DRL, Tezpur till April 2014 and gave ex-post-facto sanction without any authority?
  12. Shweta Singh got married on 12 November 2013 and She was absent during the period from 03 October to 12 January 2014, then why DRL, Tezpur allowed her to join at DRL, Tezpur while her tenure was ended automatically on 02.10.2013?
  13. Extension for fellowship with retrospective effect is completely illegal as (i) Tenure of JRF remains only for two years, it cannot be extended in case of Ms. Shweta Singh as her term expired on 02 October 2013. (ii) With back date appointments/extensions to fellowship are not permissible under any rule of DRDO and GOI.

Hence extension to fellowship wef 03 October 2013 for one year by order dated 25.04.2014 is totally illegal and irregular. It should be cancelled.

  1. She was getting stipend of Rs. 16000/- per month as JRF and Rs. 18000/- per month as SRF.
  2. Under pressure of complaint to PCDA and RTI Application to CPIO, DRDO, DRL, Tezpur stopped the payment of her stipend with effect from 03 October 2014 up to till date. But to favor Ms. Shweta Singh, Dr. Vijay Veer ordered Finance Division to make bill for payment of stipend to Ms. Shweta Singh and accordingly a bill of approximately Rs. 2,12,439/- was made and sent to PCDA, New Delhi in February 2015 vide DRL letter No. 30/PAS/JRF/SRF/2014-2015 dated 02.02.2015. Copy of the bill sent to PCDA, New Delhi is annexed as Annexure No. -8.
  3. PCDA returned the said bill with following objections: (i) To submit attendance sheet of the Ms. Shweta Singh, (ii) Authority letter by which she was appointed as SRF by Director, DRL, Tezpur vide their letter dated 16.03.2015. Copy of the letter received to DRL, Tezpur dated 16.03.2015 from Accounts Officer, PCDA, Delhi is annexed as Annexure No. -9.
  4. Despite the above incidences, Dr. Vijay Veer again constituted Assessment Committee in November 2014 comprising of HK Gogoi, Scientist ‘F’, Dr. P. Chattopadhyay, Scientist ‘D’ , Dr. SN Dutta, Scientist ‘C’ and Shri S. Doley, TO ‘D’. This committee has a meeting on 24.11.2014 and recommended the 6 months extension to Ms. Shweta Singh, SRF for the fourth year. The minutes of the meeting was approved by Dr. Vijay Veer, Director, DRL, Tezpur on the same day 24.11.2014. Copy of the Minutes of Assessment Committee is annexed as Annexure No. -10.
  5. DRL, Tezpur has not submitted any reply to objections of PCDA till date and she did not get any payment since January 2014 to till date from DRL, Tezpur.
  6. Vijay Veer, Director, DRL, Tezpur is running this JRF-SRF business since his joining at DRL, Tezpur and normally per year 10-12 candidates being appointed by irregular means. Recently in the year 2014 and 2015 more than 25 vacancies were advertised. This year Interview going to held on 19 May 2015. Copy of the advertisement for the year 2014 and 2015 for recruitment of JRF, SRF and RA are annexed as Annexure No. -11 and Annexure No. -12.

Irregularities and Corruption by Dr. Vijay Veer in appointment of Shweta Singh, JRF

  1. Vijay Veer, Director, DRL, Tezpur unduly favored Ms. Shweta Singh and gave her an illegal extension in fellowship with intent to get pecuniary advantage to her by misusing his official position.
  2. Not only to her, Dr. Vijay Veer is giving high privileges to his father Shri V.P. Singh by allowing him to stay at DRL, Guest House since long time.
  3. This act of Dr. Vijay Veer amounts conspiracy against Government with ill motives to make a loss to public money and gave financial benefit to Ms. Shweta Singh by misusing his powers and official position by gross violation of DRDO Guidelines.
  4. Vijay Veer is attempted to make a payment of about Rs. 2,12,439/- in lump sum to Ms. Shweta Singh despite knowing her extension to fellowship was illegal.
  5. The said misconduct and misuse of power for giving pecuniary advantage to Ms. Shweta Singh, JRF by Dr. Vijay Veer, Director, DRL, Tezpur comes under section 13.(1)(d) of Prevention of Corruption Act 1988.

In light of above evidences it is  requested to you Sir,  issue appropriate direction to Secretary, DRD, South Block, New Delhi to:

  • Cancel the appointment order of Ms. Shweta Singh as JRF and SRF at DRL Tezpur and stop her payment till finalization of the complaint.
  • Not to award Ph.D. degree to Ms. Shweta Singh as her appointment as SRF is illegal and she was absent during her tenure as JRF in 2013.
  • Issue order to recover extra payment from Ms. Shweta Singh which DRL, Tezpur paid to her while she was on long absent from DRL, Tezpur for more than one year.
  • Setup an enquiry against Dr. Vijay Veer under CCS (CCA) Rules 1965 and Prevention of Corruption Act 1988 to give undue favour to Ms. Shweta Singh, SRF, DRL, Tezpur.
  • Cancel the recruitment process of JRF and SRF in DRL, Tezpur for the year 2015.

Regards

Prabhu  Dandriyal,
21-Sunderwala, Raipur, Dehradun -248008                                                                               Phone 0135- 2787750, Mobile- 9411114879,                                                                                  e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com

Enclosed – Annexure No. 1 to 12.

Copy of IPR of Dr. A.K. Singh, Director (Personnel), DRDO HQ
Copy of IPR of Dr. A.K. Singh, Director (Personnel), DRDO HQ
The Photograph of Vehicle No. AR 01E 0879 of Arunachal Pradesh Government parked at New DRL Guest House
The Photograph of Vehicle No. AR 01E 0879 of Arunachal Pradesh Government parked at New DRL Guest House

 

Copy of the letter dated 07.10.2013 from Dr. P Chattopadhyay, Head, Pharmaceutical Technology Division
Copy of the letter dated 07.10.2013 from Dr. P Chattopadhyay, Head, Pharmaceutical Technology Division
sweta case anx4
Copy of the letter No. 51/13/AE dated 28/10/2013 related to refund of excess payment to Ms Shweta Singh
Copy of the letter dated 08/05/2014 sent from Ms. Shweta Singh, SRF to Director, DRL regarding “Return of Excess Payment”
Copy of the letter dated 08/05/2014 sent from Ms. Shweta Singh, SRF to Director, DRL regarding “Return of Excess Payment”
Copy of the application under RTI Act 2005 dated 26 July 2014
Copy of the application under RTI Act 2005 dated 26 July 2014

Annexure-7

DO Part Order No – II No. 7 Dated 25/04/2014

(b) – MRS. SHWETA SINGH- JRF

Ref: – This Lab DO Part Order No – II No. 7 Dated 25/04/2012. Extension of tenure of the fellowship of the above named individual with effect from 3rd October 2013 for one year, as per recommendation of Assessment Committee held on 24th March, 2014 at DRL, Tezpur (Assam)

Copy of the bill sent to PCDA, New Delhi in respect of Ms. Shweta Singh, SRF vide DRL letter No. 30/PAS/JRF/SRF/2014-2015 dated 02.02.2015
Copy of the bill sent to PCDA, New Delhi in respect of Ms. Shweta Singh, SRF vide DRL letter No. 30/PAS/JRF/SRF/2014-2015 dated 02.02.2015
sweta case anx9
Copy of the letter received to DRL, Tezpur dated 16.03.2015 from Accounts Officer, PCDA, New Delhi
Copy of the Minutes of Assessment Committee held on 24.11.2014.
Copy of the Minutes of Assessment Committee held on 24.11.2014.
Copy of the advertisement for JRF for the year 2014
Copy of the advertisement for JRF for the year 2014
Copy of the advertisement for JRF for the year 2015
Copy of the advertisement for JRF for the year 2015

 

 

Drdo

High Level Inquiry on complaints against Dr. A.K. Singh, Director (Personnel), DOP, DRDO HQ, DRDO, Min. of Defence, New Delhi.

4 Comments

To                                                                                                       Date 13th May 2015                 Shri Manohar Parrikar,                                                                                                                     Defence Minister,                                                                                                                               Ministry of Defence,                                                                                                                           Room No -104, South Block                                                                                                             New Delhi-110011

Subject

High Level Inquiry on complaints against Dr. A.K. Singh, Director (Personnel), DOP, DRDO HQ, DRDO, Min. of Defence, New Delhi.

Sir,

I have submitted following complaints against Dr. A.K. Singh, Director (Personnel), DOP, DRDO HQ, DRDO, Min. of Defence, New Delhi to Hon’ble Prime Minister as well as to your office. Details of the complaints are given belowAK Singh remider letter table

As a matter of fact, Dr. A.K. Singh, Scientist ‘G’ is posted in New Delhi since his joining at INMAS, New Delhi since 1988. He is posted at New Delhi continuously since past 27 years and never been transferred out from Delhi.

Being posted as Director (Personnel) at DRDO HQ, Dr. A.K. Singh is misusing his official position to influence the inquiry of complaints filed against him. You may surprise that till date no action has been taken against Dr. A.K. Singh by Ministry of Defence despite my all complaints submitted to PMO were forwarded to MOD by PMO for necessary action.

No action against corrupt officers by competent authority lead frustration in mind of complainant and this forces the complainant to approach to Hon’ble Court by means of PIL to request to Court for action against Corrupt officer(s).

Recently, I was compelled to file one PIL on Corruption cases at DMSRDE, Kanpur against one Dr. A. K. Saxena, while in that case  MOD was helpless because DRDO CVO and DRDO Hqrs did not taken any action against Dr. A.K. Saxena, Director, DMSRDE, Kanpur. The two fact finding committees constituted for only for eye wash.

Sir, you will appreciate that our judiciary is overloaded from court cases and whistle blowers and anti-corruption/RTI activists should not be forced to approach again and again to Hon’ble Court for filing PIL for proper action on complaints.

It is  requested kindly,  transfer Dr. A.K. Singh, Director (DOP) urgently from DRDO HQ to any other Lab from Life Sciences Cluster and order the High Level Inquiry to investigate my complaints against Dr. A.K. Singh as stated above in speedy and time bound manner.

With humble regards,

Regards

Prabhu Dandriyal,
21-Sunderwala, Raipur,Dehradun-248008,                                                                                 Phone 0135- 2787750, Mobile- 9411114879,                                                                                 e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com

Drdo

Complaint Confirmation letter to Director, Vigilance & Security, DRDO

2 Comments
To                                                                                                        20th February 2015 
Director
Dte of Vigilance & Security
DRDO, Min. of Defence
DRDO Bhawan, Rajaji Marg
New Delhi – 110011

(Kind Attn:  Shri R.S.Mehta, Joint Director, Vigilance & Security)

Subject: Confirmation of Complaint

Reference: You’re Letter No. DVS/02/2053/P/63 dated 12 Feb 2015

Sir,

I, Prabhu Dandriyal, resident of 21- Sunderwala, Raipur, Dehradun-248008 confirm and verify that the complaint dated 14 Nov 2014 addressed to Hon’ble Defence Minister on the subject “Breach of trust, criminal misconduct and gross violation of CCS (Conduct) Rules 1964 to misguide Hon’ble Defence Minister by Dr. A.K. Singh, Director (Personnel), DRDO HQ, New Delhi ” was made by me with my signature.

Hope that authorities will take appropriate timely action on subject matter. As Dr. A.K. Singh, Director (Personnel), DRDO HQ, New Delhi using his position to harass number of DRDO scientists like Dr Gausal Azam Kahn, Sc ‘D’, DIPAS on the demand of his sister Dr Sahshi Bala Singh, Director, DIPAS and Sh N P Gupta, Sc ‘C’, DMSRDE to protect corrupt Dr A K Saxena, Director, DMSRDE and lot

Regards

 

(Prabhu Dandriyal)
21- Sunderwala, Raipur
Dehradun-248008
E-Mail- prabhudoon@gmail.com, Web www.corruptionindrdo.com

DRDO VIg Letter
Letter of Shri R.S.Mehta, Joint Director, Vigilance & Security, DRDO, New Delhi

DRDO VIg Letter1

Drdo

Breach of trust, criminal misconduct and gross violation of CCS (Conduct) Rules 1964 to misguide Hon’ble Defence Minister by Dr. A.K. Singh, Director (Personnel) , DRDO HQ, New Delhi.

20 Comments
To                                                                                            14th November 2014
Hon’ble
Shri Manohar Parrikar,
Defence Minister,
Room No -104, South Block,
New Delhi-110011

 

SUBJECT: Breach of trust, criminal misconduct and gross violation of CCS (Conduct) Rules 1964 to misguide Hon’ble Defence Minister by Dr. A.K. Singh, Director (Personnel) , DRDO HQ, New Delhi.

Hon’ble Sir,

I would like to draw your kind attention towards mischievous acts of Dr. A.K. Singh, Director (Personnel), DRDO HQ who is Scientist ‘G’  belonging to Life Sciences discipline. Though renowned Nuclear Medicine Scientist he is posted in Directorate related to HR like Staff Officer to CCR&D, Director, CEPTAM, DHRD and DOP since the year 2004. He has no knowledge and understanding of HR, Government Rules and Government Orders rather he is expert in manipulation of rules short term gains. Former Hon’ble Defence Minister, himself a renowned lawyer of India was mislead by Dr. A.K. Singh, Director (Personnel), DRDO resulted day by several court cases against DRDO in various courts across the country. Dr. A.K. Singh, Director (Personnel), DRDO is solely responsible for humiliation to DRDO, waste expenditure of public money and trouble to innocent scientists and employees of DRDO.

Due to this DRDO derailed from real task i.e. development of weapon technologies and most of top senior officials busy to tackle court cases and country’s precious time wasted on court formalities and height of this is CC (R&D) HR, DRDO fighting to save himself from jail punishment and wasting poor taxpayers money by engaging 4 top lawyers.

Hon’ble Sir, being an honest and simple person you are traveling in economy class to save public money but senior scientists of DRDO including Dr. A.K. Singh are enjoying business class travel and collecting flying points for family members.

Brief Facts of the Case

  1. A.K. Singh, Director (Personnel) issued Order No. MON.GP/120576/M/01 dated 10 October 2014 by which states that “Competent Authority has come to the conclusion that the appointment of Ms. Swati Srivastava, Scientist ‘B’ (now Scientist ‘C’ ) in DRDO is irregular ab initio. Therefore , the President being the Competent Authority has dispensed with the requirement of holding another enquiry  and has decided to annul the appointment of said Ms.  Swati Srivastava, Scientist ‘B’ (now Scientist ‘C’) in DRDO with immediate effect invoking the provisions of DOP&T OM No. 11012/7/91-Estt. (A) dated 19.05.1993 read with the Rule 19(ii) of CCS(CCA) Rules 1965“. Copy of the Order dated 10 October 2014 is enclosed as Annexure-1.
  2. Therefore it is pertinent to understand the provisions of said DOPT OM dated 19.05.1993 and Rule 19(ii) of CCS(CCA) Rules 1965.

DOP&T OM No. 11012/7/91-Estt. (A) dated 19.05.1993

Action against Government servants to be taken if they are later found ineligible or unqualified for their initial recruitment –

Attention of the Ministries/Departments is invited to Ministry of Home Affairs OM No. 39/1/67- Ests.(A) dated 21.02.1967 wherein it was clarified that departmental action can be taken against Government servant in respect of misconduct committed before his employment. Attention is also invited to the Ministry of Home Affairs OM No. 5/1/63-Estt. (D) dated 30.04.1965 wherein Ministries/Departments were requested to make use of the provision of ‘warning’ inserted in the Attestation Form for taking action against Government servant furnishing false information at the time of appointment.

  1. A question has now arisen as to whether a Government Servant can be discharged from service where it is discovered later that the Government servant was not qualified or eligible for his initial recruitment in service. The Supreme Court in its judgment in the District Collector, Vizianagram vs. M. Tripura Sundari Devi (1990(4) SLR 237 went into this issue and observed as under :-

“It must further be realized by all concerned that when an advertisement mentions a particular qualification and an appointment is made in disregard of the same, it is not a matter only between the appointing authority and the appointee concerned. The aggrieved are all those who had similar or better qualifications than the appointee or appointees but who had not applied for the post because they did not possess the qualifications mentioned in the advertisement. It amounts to a fraud on public to appoint a person with inferior qualifications in such circumstances unless it is clearly stated that the qualifications are relaxable. No Court should be a party to the perpetuation of the fraudulent practice.”

The matter has been examined in consultation with the Ministry of Law and Justice and it has now been decided that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc, for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he is a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed.

  1. Such discharge, termination, removal or dismissal from service would, however, be without prejudice to the right of the Government to prosecute such Government servants.

[Deptt. Of Personnel & Training OM No. 11012/7/91-Estt. (A) dated 19.05.1993]

Rule 19 of CCS(CCA) Rules 1965

Special procedure in certain cases

Notwithstanding anything contained in rule 14 to rule 18-

(i) where any penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, or

(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules,

or

(iii) where the President is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules, the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:

Provided that the Government servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case under clause (i):

Provided further that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case under this rule.

 

  1. Mere reading of the provisions of said OM dated 19.05.1993 stipulates that:
  2. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held.
  3. if the charges are proved, the Government servant should be removed or dismissed from service.
  • In no circumstances should any other penalty be imposed.
  1. All the above three provisions of said OM dated 19.05.1993 were grossly violated in Order No. MON.GP/120576/M/01 dated 10 October 2014 issued by Dr. A.K. Singh under planned conspiracy and mischief the Hon’ble Defence Minister. The major irregularities and facts related to the Order dated 10 October 2014 to annul the appointment of Ms. Swati Srivastava, Scientist ‘C’ are as under:
  2. It is quite obvious from order that charges of illegal appointment on Ms. Swati Srivastava was established as she was not having requisite qualification and submitted false information at time of her initial recruitment.
  3. She became permanent employee of DRDO in past ten years after his appointment in DRDO.
  • In case of permanent employee if the charges are proved, the Government servant should be removed or dismissed from service.
  1. In no circumstances should any other penalty be imposed.
  2. To annul the appointment is totally illegal as there is no such provision to annul the appointment in CCS(CCA) Rules 1965.
  3. Ms. Swati Srivastava was recruited in DRDO for post of Scientist ‘B’ and the case is of recruitment of Ms. Swati Srivastava as Scientist ‘B’.
  • The DOPT OM No. 11012/7/91-Estt. (A) dated 19.05.1993 deals with “Action against Government servants to be taken if they are later found ineligible or unqualified for their initial recruitment”. The whole case of Ms. Swati Srivastava , Scientist ‘C’ was related to her illegal initial recruitment not the appointment.
  • A. K. Singh, DOP mentioned illegal recruitment as irregular appointment.
  1. Inquiry under Rule 14 of CCS(CCA) Rules 1965 was knowingly dispensed/dropped by misusing Rule 19(2) so that penalty of dismissal or removal should not be imposed upon Ms. Swati Srivastava by Dr. A. K. Singh, DOP by DRDO.
  2. Whole exercise and conspiracy was planned by Dr. A. K. Singh , DOP to patronage and protect the interest of Ms. Swati Srivastava , Scientist ‘C’.
  3. Illegal order dated 10 October 2014 was knowingly issued by Dr. A. K. Singh , DOP so that Ms. Swati Srivastava , Scientist ‘C’ can challenge the order dated 10 October 2014 to annul her appointment and come back in DRDO based on court order.
  4. Establishing the above narrated facts, Ms. Swati Srivastava , Scientist ‘C’ moved to Principal Bench of Central Administrative Tribunal vide A./3809/2014 with first hearing on 12.11.2014. Copy of cause list of 12.11.2014 , CAT, New Delhi is attached for ready reference.
  5. Therefore in the interest of DRDO and public of the nation justice should be meted out as per Law and following actions are requested to your honest and transparent office.
  6. Order for dismissal or removal from service of Ms. Swati Srivastava, Scientist ‘C’ should be issued as per obligation of the DOP&T OM 11012/7/91-Estt. (A) Dated 19.05.1993.
  7. A.K. Singh, Director(Personnel) should immediately be removed from post of Director(Personnel) and proper high level inquiry should be conducted for his role in nepotism , conspiracy, breach of trust,violations of conduct rules and wastage of public money.
  8. As all four cases of Recruitment Scam is under probe of CBI vide CVO, MOD note approved by former Hon’ble Defence Minister Sri A.K. Antony on 29.10.2013, therefore this irregularity and misconduct for nepotism by Dr. K. Singh, Director(Personnel) should be referred to CBI to investigate role of Dr. A.K. Singh in issuance of such illegal order dated 10 Oct 2014 to favour Ms. Swati Srivastava, Scientist ‘C’.

 

Regards
 
Prabhu  Dandriyal,
21-Sunderwala, Raipur, Dehradun,
Ph   0135 2787750, Mobile 9411114879,
e-mail id prabhudoon@gmail.com  website   www.corruptionindrdo.comswati srivastava annuling order page 1
swati srivastava annuling order page 2
swati srivastava annuling order page 3
swati srivastava annuling order page 4
swati srivastava CAT case OA Number
 

 

(10) Action against Government servants to be taken if they are later found ineligible or

unqualified for their initial recruitment –

Attention of the Ministries/Departments is invited to Ministry of Home Affairs OM No. 39/1/67-Ests.(A) dated 21.02.1967 wherein it was clarified that departmental action can be taken against Government servant in respect of misconduct committed before his employment. Attention is also invited to the Ministry of Home Affairs OM No. 5/1/63-Estt. (D) dated 30.04.1965 where in Ministries/Departments were requested to make use of the provision of ‘warning’ inserted in the Attestation Form for taking action against Government servant furnishing false information at the time of appointment.

  1. A question has now arisen as to whether a Government Servant can be discharged from service where it is discovered later that the Government servant was not qualified or eligible for his initial recruitment in service. The Supreme Court in its judgment in the District Collector,Vizianagram vs. M. Tripura Sundari Devi (1990(4) SLR 237 went into this issue and observed asunder :-

“It must further be realized by all concerned that when an advertisement mentions a particular qualification and an appointment is made in disregard of the same, it is not a matter only between the appointing authority and the appointee concerned. The aggrieved are all those who had similar or better qualifications than the appointee or appointees but who had not applied for the post because they did not possess the qualifications mentioned in the advertisement. It amounts to a fraud on public to appoint a person with inferior qualifications in such circumstances unless itis clearly stated that the qualifications are relaxable. No Court should be a party to the perpetuation of the fraudulent practice.”

The matter has been examined in consultation with the Ministry of Law and Justice and it has now been decided that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc, for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he is a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed.

  1. Such discharge, termination, removal or dismissal from service would, however, be without prejudice to the right of the Government to prosecute such Government servants.

[Deptt. Of Personnel & Training OM No. 11012/7/91-Estt. (A) dated 19.05.1993]

 

Action against Government Servants who get appointment on the basis of false SC/ST/OBC certificates.

No.36011/1/2012-Estt. (Res.)
Government of India
Department of Personnel and Training
Establishment (Reservation) Section
North Block, New Delhi-110001
Dated the 10th January, 2013.
OFFICE MEMORANDUM

Sub:- Action against Government servants who get appointment on the basis of false SC/ST/OBC certificates.

The undersigned is directed to invite reference to this Department’s OM No.11012/7/91-Estt.(A) dated 19.5.1993 which provides as under:-

“Wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc., for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If, he is probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any penalty be imposed”.

  1. The position was reiterated vide this Department’s OM No.42011/22/2006-Estt.(Res.) dated the 29th March, 2007 that the cases other than those protected by the specific order of the Apex Court should be dealt with in accordance with the instructions contained in the aforesaid O.M. However, it has been observed that disciplinary proceedings in the cases involving appointments on the basis of false/fake caste certificates take considerable time and the persons who have secured employment on the basis of false caste certificates enjoy the benefits of Government service whereas such Government servants should be removed / dismissed from the service at the earliest.
  2. It is requested that disciplinary inquiries involving the matter of securing jobs on the basis of false/fake certificates should be completed in a time bound manner and unscrupulous persons who have got appointment on the basis of fake/ false caste certificates should not be retained in service and should be dismissed / removed thenceforth.
  3. Contents of this OM may be brought to the notice of all concerned.
sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Government of India
Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36011_1_2012-Estt-Res.pdf]