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First Appeal – Development of Bullet Proof Jacket under GSQR-1293 by DMSRDE

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FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005

 To,
 Shri Surjan Pal, OS & Director DECS
First Appellate Authority, DRDO
RTI Cell, Room No. 240/B, DRDO Bhawan, Rajaji Marg
New Delhi-110011

 Subject: First Appeal under Section 19(1) of RTI Act 2005

Reference: Letter No. DMS/0369/RTI/101/44/Letter_2013 dated 26 August 2013 issued by PIO, DMSRDE, Kanpur

Sir,

I am distressed by above referred decision of Public Information Officer, DMSRDE, Kanpur. I hereby submit this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.

1.    Details of appellant:-

Name
Prabhu Dayal Dandriyal
Address
21-Sunderwala, Raipur
Dehradun-248008
Mobile
09411114879
email ID
prabhudoon@gmail.com

2.    Details of Public Information Officer (PIO):-

Name &Rank
Shri Sarvesh Kumar , Scientist ‘F ‘
Address
DMSRDE, GT Road, Kanpur-208013

3. Particulars of Decision/Order of PIO against which appeal:-

Decision vide letter No. DMS/0369/RTI/101/44/Letter_2013 dated 26 August 2013. Copy enclosed as Enclosure -1.

4. Brief facts leading to appeal:-

(a)          An application under Section 6(1) of RTI Act 2005 dated 25 July 2013 was submitted to PIO, DMSRDE, Kanpur for providing information regarding Development of Bullet Proof Jacket (BPJ) – 1293. Copy of the RTI application dated 25 July 2013 is enclosed as Enclosure-2.

(b)          Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/101/44/Letter_2013 dated 20 August 2013 although it was clearly mentioned as Note in RTI application that required information is directly related to the corruption and not come under Schedule-II.

(c)          PIO, DMSRDE, Kanpur rejected the RTI application dated 25 July 2013 on invalid, illegal, ultra vires & false reasons with mala-fide intentions to linger on the process of seeking information with an ulterior motive under direction of Director, DMSRDE, Kanpur (The Public Authority). This act of PIO, DMSRDE, Kanpur attracts action on PIO u/s 20 of RTI Act 2005.

(d)          Appellant is intensely upset by the decision of PIO, DMSRDE, Kanpur and this leads to appellant to file an appeal u/s 19(1) of RTI Act 2005.

5.    Reasons/Grounds for First Appeal:-

First Appeal is submitted to First Appellate Authority on following reasons/grounds.

(a)        Under the provisions of section 24(1)  of RTI Act 2005 the organisation notified under II Schedule of the Act are exempted from the information except when the information pertained allegations of corruption and human rights violations only.

(b)        Appellant submitted an application dated 25 July 2013 under section 6(1) of RTI Act 2005 to PIO, DMSRDE, Kanpur for   providing information as mentioned in application dated 25 July 2013 enclosed as Enclosure 2 to this FA.

(c)        Information was denied by PIO, DMSRDE, Kanpur on the ground that “DRDO is placed in Second Schedule of RTI Act, 2005 and is exempted from disclosure of Information under Section 24(1) except for information pertaining to the allegations of Corruptions and Human Rights Violations“.

(d)        The information sought by the appellant vide his application dated 25 July 2013 does not comes u/s 24(1) of the Act as per consistent views and decisions of Central Information Commission in various cases regarding organisation notified in Schedule II like DRDO.

(e)        Information was denied on false and illegal grounds with mala fide intentions to harass the appellant from getting the information.

(f)         PIO is not aware of recent views and decisions of CIC regarding DRDO(notified organisation under Schedule II), thereby he misused section 24(1) of the Act for denial of Information.

(g)        Appellant is deeply distressed by invalid decision of PIO, DMSRDE, Kanpur, hence the First Appeal u/s 19(1) of RTI Act 2005 before FAA.

6.    Prayer /relief sought for:-

Information sought vide RTI Application dated 25 July 2013 by appellant has been denied on false and invalid reasons by PIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to PIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 25 July 2013.

7.    Grounds for prayer/relief sought for:-

1.      CIC decisions on notified organisations under Schedule II of RTI Act 2005 like DRDO

(i)        CIC in its various decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

(ii)       CIC in its various decisions clarified that the exemption u/s 24(1) for DRDO (notified organisation under Schedule II) is only for Scientific/Technical/Strategic/national security information and not for the information of General nature/Estt. Matters/ Routine Correspondence/ all other information for which exemptions u/s 24(1) are not allowed.

(iii)      These decisions of CIC are binding on  all notified organisation under Schedule II (DRDO etc.), as these decisions of CIC has not been challenged till date in any court.

(iv)     In this regard following decisions of CIC are listed for your kind information and consideration.

  1. CIC/LS/A/2012/002612 dated 22.03.2013 (Dr. Neelam Bhalla Vs DRDO)
  2. CIC/LS/A/2009/001073 dated 17.2.2010 (Navin Praksh Gupta Vs DRDO)
  3. CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
  4. CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
  5. CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
  6. CIC/LS/A/2010/001277 dated 2.3.2010 (Ram Manohar Singh Vs. DRDO)
  7. CIC/LS/A/2012/002599 & CIC/LS/A/2012/002146 dated 01.11.2012 (Virender Kumar Vs DRDO)
  8. CIC/LS/C/2012/001204 dated 9.8.2012 (Rajiv Chauhan Vs DRDO)
  9. CIC/SM/A/2009/001014/LS dated 09.11.2009 (Navin Prakash Gupta Vs DRDO)
  10. CIC/LS/A/2009/001073 dated 17 Feb 2010 (Navin Prakash Gupta Vs DRDO)
  11. CIC/SM/C/2009/00794, CIC/LS/A/2010/00015, CIC/LS/C/2010/000076 dated 18 June 2010 (Navin Prakash Gupta Vs DRDO)

(v)      In these decisions CIC decided that “Immunity granted u/s 24(1) is only for scientific & strategic Information only“. All other information should be provided by all organisation notified under second schedule of the Act”.

2.      Subject/nature of information sought is already in public domain and not related to strategic/national security/scientific /technical matters

Various GSQRs, their detail specifications, cost of BPJ, requirement of Army for BPJ, Tenders for procurements of BPJ & their purchase details are already in public domain by means of Parliamentary Reports, Parliamentary Questions, Print & Electronic media, various reports from MOD etc. Hence information sought is not confidential / secret.

Besides these the information sought is not pertaining to strategic/national security/scientific/technical matters.

3.      Information sought is related to Estt. Matter/General Routine nature/ Purchase & procurement/Routine correspondence and permissible/allowed by CIC, even after the fact “DRDO is notified organisation under Schedule II”, in various decisions against DRDO.

4.      Information sought is also related to allegations of corruption as already mentioned in RTI application dated 25 July 2013 and having angle of vigilance as per CVC Act. Under the provisions of Section 24(1) of the Act, the information should be pertaining to allegations of corruption only. No evidences or proofs of corruption are required for seeking information related to corruption as per RTI Act 2005. Instead the onus is on PIO to establish that information sought is not having vigilance angle and not pertaining to allegation of corruption.

8.    Declaration:-

I hereby state that the information and particulars given above are true to the best of my knowledge and belief.

 
 
Prabhu Dayal Dandriyal                                                                
21-Sunderwala, Raipur
Dehradun-248008
Landline -0135-2787750, Mobile – 9411114879
Email – prabhudoon@gmail.com
Website – www.corruptionindrdo.com   

 

Appeal No.:FA/PDD/DMSRDE/2013/03

Date: 07th September, 2013

 Enclosure: two 

(1)  Letter from PIO, DMSRDE dated 26 Aug 2013
(2)  RTI Application dated 25 July 2013
dmarde reply20003
 
To,                                                                                                                           25th July 2013
Shri Sarvesh Kumar,Scientist ‘F’
CPIO, DMSRDE, GT Road, Kanpur-208013

Hello,

This is with reference to Parliamentary Standing Committee on Defence Report 2009-10 & 2010-11 and News published in print/electronic media   regarding Development of Bullet Proof Jacket (GSQR-1293) by DMSRDE, Kanpur. Kindly provide the following information under RTI Act 2005.

  1. The date on which GSQR-1293 for BPJ was issued by AHQ to DRDO.
  2. Provide the copy of the letter from AHQ to DRDO for development of BPJ as per GSQR-1293.
  3. Provide copy of DRDO HQ letter by which DMSRDE was instructed to develop BPJ as per GSQR-1293.
  4. The date on which DMSRDE started to work on development of BPJ as per GSQR-1293 and the date on which BPJ-1293 developed successfully.
  5. PDC given by AHQ for development of BPJ-1293.
  6. Whether any team was constituted for development of BPJ-1293? If yes then provide name of  the team members (Scientists, Technical Officers and Scientific Assistants etc) who worked on development of BPJ as per GSQR-1293.
  7. Whether any project has been sanctioned from the DRDO HQ for development of BPJ-1293?
  8. If yes then how much funds has been sanctioned for this Project?
  9. Provide the copy of sanction letter of the Project for development of BPJ as per GSQR-1293.
  10. If no Project was sanctioned from DRDO HQ for BPJ as per GSQR-1293 then from which head (Build-up etc) funds were arranged for Development and Fabrication of BPJ-1293?
  11. Provide total expenditure incurred in procurement of items(matrials) for development of BPJ-1293 including expenditure incurred on TA/DA to Officers & Employees, Government Transport and hired transport separately.
  12. Provide copies of DRDO.MM.06 (demand) and copies of supply orders for purchase of items/materials and services hired for development of BPJ-1293.
  13. Purchase of materials, items and services hired for fabrication of BPJ-1293 were made under which type of tendering process (Single Tender /Limited Tender/Open Tender/Global Tender)?
  14. Provide details of procurement of materials(items)/services hired/fabrication for BPJ-1293 in the

following format :-dmsrde table

  1. Total expenditure incurred in creating facility in DMSRDE, Kanpur for R&D of BPJ-1293.
  2. Total expenditure incurred from public fund for TA/DA in Temp. Duty of officers and staff involved in development of BPJ-1293 for visiting site of vendor involved in development/fabrication of BPJ-1293 or to other places for work related to BPJ-1293.
  3. Total expenditure incurred from public fund on Govt. Transport and hired transport for transporting the materials up to the site of SM Pulp Packaging Pvt Ltd at New Delhi/Palwal.
  4. Names of private vendors/firms involved in development/fabrication of BPJ-1293.
  5. Whether SM Pulp Packaging Pvt Ltd is registered with DMSRDE. If yes then provide copy of Registration Certificate issued by DMSRDE to S. M. Pulp Packaging Pvt Ltd.
  6. Whether any award was given to BPJ-1293 team/group or Scientist for successful development of BPJ-1293 under Laboratory Level Award under DRDO Award Scheme for 2010-2011. If so then provide the
  • Name of Scientists/Individual Scientist getting this award.
  • Amout of award in Rupees for Laboratory Scientist of the year award.
  • Copy of the minute sheet sanctioned by Director for this award.
    • Copy of the letter forwarded by Head of the Division with name(s) of Scientists to Technical Coordination.
    • Copy of the recommendation/proceeding of Award Committee constituted by Director for 2010-2011.

21.  Whether facilities for fabrication of BPJ are available in Kanpur (Yes/No).

22.  M/s M Kumar Udyog Pvt Ltd , Kanpur  is also working on development/fabrication of BPJ at Kanpur. Provide the reasons on the ground of which DMSRDE did not utilized services of M Kumar Udyog Pvt Ltd, Kanpur for development of BPJ-1293 using Limited Tendering Process in order to save expenditure on TA/DA of Officials and hired Transport?

23.  Copy of certificate issued by TBRL, Chandigarh for successful testing of BPJ developed by DMSRDE under GSQR-1293

24.  Whether these BPJ-1293 was under gone Quality Control/Assurance test by QAG, DMSRDE. If so then how many BPJ-1293 were tested by QAG, DMSRDE.

25.  Whether this BPJ-1293 was tested by another agency like CFSL Chandigarh etc? (Yes/No) If yes then provide the name of agency.

26.  How many BPJ-1293 was fabricated by SM Pulp Packaging Pvt Ltd and total amount paid to SM Pulp Packaging Pvt. Ltd for the fabrication of said BPJ-1293?

27.  Copy of the supply order placed for fabrication of mould/procurement of mould for BPJ-1293.

28.  Whether user trials were conducted by Army for BPJ-1293. (Yes/No) If yes then how many BPJ-1293 were submitted to AHQ for unit/field testing?

29.  AHQ (Army) accepted BPJ-1293 (Yes/No)

Enclosed-           Rs 10 Postal order 12F 470728

Regards,

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

First Appeal – Development of Bullet Proof Jacket under GSQR-1318 in DMSRDE

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FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005

To,
  Shri Surjan Pal, OS & Director DECS,
 First Appellate Authority, DRDO
  RTI Cell, Room No. 240/B, DRDO Bhawan, Rajaji Marg
  New Delhi-110011

Subject: First Appeal under Section 19(1) of RTI Act 2005

Reference: Letter No. DMS/0369/RTI/101/40/Letter_2013 dated 20 August 2013 issued by PIO, DMSRDE, Kanpur

Sir,

I am distressed by above referred decision of Public Information Officer, DMSRDE , Kanpur. I hereby submit  this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.

1.    Details of appellant:-

Name
Prabhu Dayal Dandriyal
Address
21-Sunderwala, Raipur
Dehradun-248008
Mobile
09411114879
email ID
prabhudoon@gmail.com

2.    Details of Public Information Officer (PIO):-

Name & Rank
Shri Sarvesh Kumar , Scientist ‘F ‘
Address
DMSRDE
GT Road
Kanpur-208013

3. Particulars of Decision/Order of PIO against which appeal:-

Decision vide letter No. DMS/0369/RTI/101/40/Letter_2013 dated 20 August 2013. Copy enclosed as Enclosure -1.

4. Brief facts leading to appeal:-

(a)          An application under Section 6(1) of RTI Act 2005 dated 18 July 2013 was submitted to PIO, DMSRDE, Kanpur for providing information regarding Development of Bullet Proof Jacket (BPJ) – 1318. Copy of the RTI application dated 18 July 2013 is enclosed as Enclosure-2.

(b)          Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/101/40/Letter_2013 dated 20 August 2013 although it was clearly mentioned as Note in RTI application that required information is directly related to the corruption and not come under Schedule-II.

(c)          PIO, DMSRDE, Kanpur rejected the RTI application dated 18 July 2013 on invalid, illegal, ultra vires & false reasons with mala-fide intentions to linger on the process of seeking information with an ulterior motive under direction of Director, DMSRDE, Kanpur (The Public Authority). This act of PIO, DMSRDE, Kanpur attracts action on PIO u/s 20 of RTI Act 2005.

(d)          Appellant is intensely upset by the decision of PIO, DMSRDE, Kanpur and this leads to appellant to file an appeal u/s 19(1) of RTI Act 2005.

5.    Reasons/Grounds for First Appeal:-

First Appeal is submitted to First Appellate Authority on following reasons/grounds.

(a)        Under the provisions of section 24(1)  of RTI Act 2005 the organisation notified under II Schedule of the Act are exempted from the information except when the information pertained allegations of corruption and human rights violations only.

(b)        Appellant submitted an application dated 18 July 2013 under section 6(1) of RTI Act 2005 to PIO, DMSRDE, Kanpur for   providing information as mentioned in application dated 18 July 2013 enclosed as Enclosure 2 to this FA.

(c)        Information was denied by PIO, DMSRDE, Kanpur on the ground that “DRDO is placed in Second Schedule of RTI Act, 2005 and is exempted from disclosure of Information under Section 24(1) except for information pertaining to the allegations of Corruptions and Human Rights Violations“.

(d)        The information sought by the appellant vide his application dated 18 July 2013 does not comes u/s 24(1) of the Act as per consistent views and decisions of Central Information Commission in various cases regarding organisation notified in Schedule II like DRDO.

(e)        Information was denied on false and illegal grounds with mala fide intentions to harass the appellant from getting the information.

(f)         PIO is not aware of recent views and decisions of CIC regarding DRDO(notified organisation under Schedule II), thereby he misused section 24(1) of the Act for denial of Information.

(g)        Appellant is deeply distressed by invalid decision of PIO, DMSRDE, Kanpur, hence the First Appeal u/s 19(1) of RTI Act 2005 before FAA.

6.    Prayer /relief sought for:-

Information sought vide RTI Application dated 18 July 2013 by appellant has been denied on false and invalid reasons by PIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to PIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 18 July 2013.

7.    Grounds for prayer/relief sought for:-
1.      CIC decisions on notified organisations under Schedule II of

     RTI Act 2005 like DRDO

(i)        CIC in its various decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

(ii)       CIC in its various decisions clarified that the exemption u/s 24(1) for DRDO (notified organisation under Schedule II) is only for Scientific/Technical/Strategic/national security information and not for the information of General nature/Estt. Matters/ Routine Correspondence/ all other information for which exemptions u/s 24(1) are not allowed.

(iii)      These decisions of CIC are binding on  all notified organisation under Schedule II, as these decisions of CIC has not been challenged till date in any court.

(iv)     In this regard following decisions of CIC are listed for your kind information and consideration.

  1. CIC/LS/A/2012/002612 dated 22.03.2013 (Dr. Neelam Bhalla Vs DRDO)
  2. CIC/LS/A/2009/001073 dated 17.2.2010 (Navin Praksh Gupta Vs DRDO)
  3. CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
  4. CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
  5. CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
  6. CIC/LS/A/2010/001277 dated 2.3.2010 (Ram Manohar Singh Vs. DRDO)
  7. CIC/LS/A/2012/002599 & CIC/LS/A/2012/002146 dated 01.11.2012 (Virender Kumar Vs DRDO)
  8. CIC/LS/C/2012/001204 dated 9.8.2012 (Rajiv Chauhan Vs DRDO)
  9. CIC/SM/A/2009/001014/LS dated 09.11.2009 (Navin Prakash Gupta Vs DRDO)
  10. CIC/LS/A/2009/001073 dated 17 Feb 2010 (Navin Prakash Gupta Vs DRDO)
  11. CIC/SM/C/2009/00794, CIC/LS/A/2010/00015, CIC/LS/C/2010/000076 dated 18 June 2010 (Navin Prakash Gupta Vs DRDO)

(v)      In these decisions CIC decided that “Immunity granted u/s 24(1) is only for scientific & strategic Information only“. All other information should be provided by all organisation notified under second schedule of the Act”.

2.      Subject/nature of information sought is already in public domain and not related to strategic/national security/scientific /technical matters

Various GSQRs, their detail specifications, cost of BPJ, requirement of Army for BPJ, Tenders for procurements of BPJ & their purchase details are already in public domain by means of Parliamentary Reports, Parliamentary Questions, Print & Electronic media, various reports from MOD etc. Hence information sought is not confidential/secret.

Besides these the information sought is not pertaining to strategic/national security/scientific/technical matters.

3.      Information sought is related to Estt. Matter/General Routine nature/ Purchase & procurement/Routine correspondence and permissible/allowed by CIC, even after the fact “DRDO is notified organisation under Schedule II”, in various decisions against DRDO.
4.      Information sought is also related to allegations of corruption as already mentioned in RTI application dated 18 July 2013 and having angle of vigilance as per CVC Act. Under the provisions of Section 24(1) of the Act, the information should be pertaining to allegations of corruption only. No evidences or proofs of corruption are required for seeking information related to corruption as per RTI Act 2005. Instead the onus is on PIO to establish that information sought is not having vigilance angle and pertaining to allegation of corruption.

  1. 8.    Declaration:-

I hereby state that the information and particulars given above are true to the best of my knowledge and belief.

Prabhu Dayal Dandriyal                                                                 
21-Sunderwala, Raipur
Dehradun-248008
Landline -0135-2787750, Mobile – 9411114879
Email – prabhudoon@gmail.com
Website – www.corruptionindrdo.com   

Appeal No.:FA/PDD/DMSRDE/2013/02

Date: 07th  September, 2013                                                                                        

 

 Enclosure: two 

(1)  Letter from PIO, DMSRDE dated 20 Aug 2013

(2)  RTI Application dated 18 July 2013.dmsrdertireplyof 18th july rti

To,                                                                                           Date 18th July 2013
Shri Sarvesh Kumar, Scientist ‘F’
Public Information Officer (PIO)
DMSRDE, GT Road
Kanpur-208013

Hello,

This is with reference to News published in print/electronic media in May 2012 and DRDO Newsletter Issue of April 2012 regarding Development of Bullet Proof Jacket (GSQR-1318) by DMSRDE, Kanpur. Kindly provide the following information under RTI Act 2005. 

  1. The date on which GSQR-1318 for BPJ was issued by AHQ to DRDO.
  2. Provide the copy of the letter from AHQ to DRDO for development of BPJ as per GSQR-1318.
  3. Provide copy of DRDO HQ letter by which DMSRDE was instructed to develop BPJ as per GSQR-1318.
  4. The date on which DMSRDE started to work on development of BPJ as per GSQR-1318 and the date on which BPJ-1318 developed successfully.
  5. PDC given by AHQ for development of BPJ-1318.
  6. Whether any team was constituted for development of BPJ-1318? If yes then provide name of the team members (Scientists, Technical Officers and Scientific Assistants etc) who worked on development of BPJ as per GSQR-1318.
  7. Whether any project has been sanctioned from the DRDO HQ for development of BPJ-1318?
  8. If yes then how much funds has been sanctioned for this Project?
  9. Provide the copy of sanction letter of the Project for development of BPJ as per GSQR-1318.
  10. If no Project was sanctioned from DRDO HQ for BPJ as per GSQR-1318 then from which head (Build-up etc) funds were arranged for Development and Fabrication of BPJ-1318?
  11. Provide total expenditure incurred in procurement of items for development of BPJ-1318 including expenditure incurred on TA/DA to Officers & Employees, Government Transport and hired transport separately.
  12. Provide copies of DRDO.MM.06 (demand) and copies of supply orders for purchase/services hired for development of BPJ-1318.
  13. Purchase of materials, items and services hired for fabrication of BPJ-1318 were made under which type of tendering process (Single Tender /Limited Tender/Open Tender/Global Tender)?\
  14. Provide details of procurement of materials(items)/services hired/fabrication for BPJ-1318 in following format
  15. Total expenditure incurred in creating facility in DMSRDE, Kanpur for R&D of BPJ-1318.
  16. Total expenditure incurred from public fund for TA/DA in Temp. Duty of officers and staff involved in development of BPJ-1318.
  17. Total expenditure incurred from public fund on Govt. Transport and hired transport for transporting the materials up to the site of SM Pulp Packaging Pvt Ltd at New Delhi/Palwal.
  18. Names of private vendors/firms involved in development/fabrication of BPJ-1318.
  19. Whether SM Pulp Packaging Pvt Ltd is registered with DMSRDE. If yes then provide copy of Registration Certificate issued by DMSRDE to S. M. Pulp Packaging Pvt Ltd.
  20.  Whether any patent has been filed for development of BPJ-1318? if yes then provide the copy of patent filed including the name of inventors.
  21. Whether facilities for fabrication of BPJ are available in Kanpur (Yes/No).
  22. M/s M Kumar Udyog Pvt Ltd, Kanpur is also working on development/fabrication of BPJ at Kanpur. Provide the reasons on the ground of which DMSRDE did not utilized services of M Kumar Udyog Pvt Ltd, Kanpur for development of BPJ-1318 using Limited Tendering Process?
  23. Copy of certificate issued by TBRL, Chandigarh for successful testing of BPJ developed by DMSRDE under GSQR-1318.
  24. Whether these BPJ-1318 were tested by another agency like CFSL Chandigarh etc? (Yes/No) If yes then provide the name of agency.
  25. How many BPJ-1318 was fabricated by SM Pulp Packaging Pvt Ltd and total amount paid to SM Pulp Packaging Pvt Ltd for the fabrication of said BPJ-1318?
  26. Whether user trials were conducted by Army for BPJ-1318. (Yes/No)
  27. AHQ (Army) accepted BPJ-1318 (Yes/No).

Note: – above required information is directly related to corruption and not come under schedule – II

It is observed that DRDO is denying 99% RTI request under shadow of Schedule – II.  This RTI request is directly related with corruption. Find the application fee for the request attached with this application

I do hereby declare that I am the citizen of India. Kindly provide me with the information at the address mentioned with the application. I request you to ensure that the information is provided before expiry of 30 day period after you have received the application. 
Enclosed – Rs 10 Postal Order No  12F 470723

Regards

Prabhu Dayal Dandriyal
21-Sunderwala RaipurDehradun-248008 
Phone – 0135- 2787750, Mobile- 9411114879, 
e-mail id – prabhudoon@gmail.com  website – www.corruptionindrdo.com
Drdo

First Appeal – Development of Bullet Proof Jacket in DMSRDE

1 Comment

FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005

To,
  Shri Surjan Pal, OS & Director DECS,
 First Appellate Authority, DRDO
  RTI Cell, Room No. 240/B, DRDO Bhawan, Rajaji Marg
  New Delhi-110011 

Subject: First Appeal under Section 19(1) of RTI Act 2005

Reference: Letter No. DMS/0369/RTI/101/39/Letter_2013 dated 20 August 2013 issued by PIO, DMSRDE, Kanpur

Hello,

I am distressed by above referred decision of Public Information Officer, DMSRDE, Kanpur.    I hereby submit this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.

  1. Details of appellant:-
Name
Prabhu Dayal Dandriyal
Address
21-Sunderwala, Raipur,Dehradun-248008
Mobile
09411114879
email ID
prabhudoon@gmail.com

2.    Details of Public Information Officer (PIO):-

Name & Rank
Shri Sarvesh Kumar , Scientist ‘F ‘
Address
DMSRDE
GT Road
Kanpur-208013

3. Particulars of Decision/Order of PIO against which appeal:-

Decision vide letter No. DMS/0369/RTI/101/39/Letter_2013  dated 20 August 2013. Copy enclosed as  Enclosure -1.

4. Brief facts leading to appeal:-

(a)          An application under Section 6(1)  of RTI Act 2005 dated 17 July 2013 was submitted to PIO, DMSRDE, Kanpur  for providing information regarding GSQRs of Bullet Proof Jacket (BPJ). Copy of the RTI application dated 17 July 2013 is enclosed as Enclosure-2.

(b)          Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/101/39/Letter_2013 dated 20 August 2013 although it was clearly mentioned as Note in RTI application that required information is directly related to the corruption and not come under Schedule-II.

(c)          PIO, DMSRDE, Kanpur rejected the RTI application dated 17 July 2013 on invalid, illegal, ultra vires & false reasons with mala-fide intentions to linger on the process of seeking information with an ulterior motive under direction of Director, DMSRDE, Kanpur (The Public Authority). This act of PIO, DMSRDE , Kanpur attracts action on PIO u/s 20 of RTI Act 2005.

(d)          Appellant is intensely upset by the decision of PIO, DMSRDE, Kanpur and this leads to appellant to file an appeal u/s 19(1) of RTI Act 2005.

  1. 5.    Reasons/Grounds for First Appeal:-

First Appeal is submitted to First Appellate Authority on following reasons/grounds.

(a)        Under the provisions of section 24(1)  of RTI Act 2005 the organisation notified under II Schedule of the Act are exempted from the information except when the information pertained allegations of corruption and human rights violations only.

(b)        Appellant submitted an application dated 17 July 2013 under section 6(1) of RTI Act 2005 to PIO, DMSRDE, Kanpur for   providing information as mentioned in application dated 17 July 2013 enclosed as Enclosure 2 to this FA.

(c)        Information was denied by PIO, DMSRDE, Kanpur on the ground that “DRDO is placed in Second Schedule of RTI Act, 2005 and is exempted from disclosure of Information under Section 24(1) except for information pertaining to the allegations of Corruptions and Human Rights Violations“.

(d)        The information sought by the appellant vide his application dated 17 July 2013 does not comes u/s 24(1) of the Act as per consistent views and decisions of Central Information Commission in various cases regarding organisation notified in Schedule II like DRDO.

(e)        Information was denied on false and illegal grounds with mala fide intentions to harass the appellant from getting the information.

(f)         PIO is not aware of recent views and decisions of CIC regarding DRDO (notified organisation under Schedule II), thereby he misused section 24(1) of the Act for denial of Information.

(g)        Appellant is deeply distressed by invalid decision of PIO, DMSRDE, Kanpur, hence the First Appeal u/s 19(1) of RTI Act 2005 before FAA.

6.    Prayer /relief sought for:-

Information sought vide RTI Application dated 17 July 2013 by appellant has been denied on false and invalid reasons by PIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to PIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 17 July 2013.

7.    Grounds for prayer/relief sought for:-

1.      CIC decisions on notified organisations under Schedule II of

     RTI Act 2005 like DRDO

(i)        CIC in its various decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

(ii)       CIC in its various decisions clarified that the exemption u/s 24(1) for DRDO (notified organisation under Schedule II) is only for Scientific/Technical/Strategic/national security information and not for the information of General nature/Estt. Matters/ Routine Correspondence/ all other information for which exemptions u/s 24(1) are not allowed.

(iii)      These decisions of CIC are binding on  all notified organisation under Schedule II, as these decisions of CIC has not been challenged till date in any court.

(iv)     In this regard following decisions of CIC are listed for your kind information and consideration.

  1. CIC/LS/A/2012/002612 dated 22.03.2013 (Dr. Neelam Bhalla Vs DRDO)
  2. CIC/LS/A/2009/001073 dated 17.2.2010 (Navin Praksh Gupta Vs DRDO)
  3. CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
  4. CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
  5. CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
  6. CIC/LS/A/2010/001277 dated 2.3.2010 (Ram Manohar Singh Vs. DRDO)
  7. CIC/LS/A/2012/002599 & CIC/LS/A/2012/002146 dated 01.11.2012 (Virender Kumar Vs DRDO)
  8. CIC/LS/C/2012/001204 dated 9.8.2012 (Rajiv Chauhan Vs DRDO)
  9. CIC/SM/A/2009/001014/LS dated 09.11.2009 (Navin Prakash Gupta Vs DRDO)
  10. CIC/LS/A/2009/001073 dated 17 Feb 2010 (Navin Prakash Gupta Vs DRDO)
  11. CIC/SM/C/2009/00794, CIC/LS/A/2010/00015, CIC/LS/C/2010/000076 dated 18 June 2010 (Navin Prakash Gupta Vs DRDO)

(v)      In these decisions CIC decided that “Immunity granted u/s 24(1) is only for scientific & strategic Information only“. All other information should be provided by all organisation notified under second schedule of the Act”.

2.      Subject/nature of information sought is already in public domain and not related to strategic/national security/scientific /technical matters

Various GSQRs, their detail specifications, cost of BPJ, requirement of Army for BPJ, Tenders for procurements of BPJ & their purchase details are already in public domain by means of Parliamentary Reports, Parliamentary Questions, Print & Electronic media, various reports from MOD etc. Hence information sought is not confidential/secret. Besides these the information sought is not pertaining to strategic/national security/scientific/technical matters.

3.      Information sought is related to Estt. Matter/General Routine nature/ Routine correspondence and permissible / allowed by CIC, even after the fact “DRDO is notified organisation under Schedule II”, in various decisions against DRDO.

4.      Information sought is also related to allegations of corruption as already mentioned in RTI application dated 17 July 2013 and having angle of vigilance as per CVC Act. Under the provisions of Section 24(1) of the Act, the information should be pertaining to allegations of corruption only. No evidences or proofs of corruption are required for seeking information related to corruption as per RTI Act 2005. Instead the onus is on PIO to establish that information sought is not having vigilance angle and pertaining to allegation of corruption.

8.    Declaration:-

I hereby state that the information and particulars given above are true to the best of my knowledge and belief.

Prabhu Dayal Dandriyal                                                                 
21-Sunderwala, Raipur
Dehradun-248008
Landline -0135-2787750
Mobile – 9411114879
Email – prabhudoon@gmail.com
Website – www.corruptionindrdo.com   

 Appeal No.:FA/PDD/DMSRDE/2013/01

Date: 07th September, 2013                                                                                                          Enclosure: two 

(1)  Letter from PIO, DMSRDE dated 20 Aug 2013

(2)  RTI Application dated 17 July 2013.dmsrdertireply0002

To,                                                                                                     17th July 2013
Shri Sarvesh Kumar
Scientist ‘F’ & Public Information Officer (PIO)
DMSRDE, GT Road
Kanpur-208013                     

Hello,

This is with reference to Parliamentary Standing Committee on Defence Report 2009-10 and 2010-11, News published in print/electronic media in May 2012 and DRDO Newsletter Issue of April 2012 regarding Development of Bullet Proof Jacket (GSQR-1318) by DMSRDE, Kanpur. Kindly provide the following information under RTI Act 2005.

  1. How many GSQRs (General Staff Qualitative Requirement) for development of Bullet Proof Jacket (BPJ) have been issued to DMSRDE, Kanpur (DRDO) by AHQ (Army) till date?
  2. Provide all GSQR numbers given by AHQ for development of BPJ to DMSRDE, Kanpur.
  3. Provide the copies of sanctioning letter issued from AHQ to DRDO for these GSQRs for development of BPJ by DMSRDE.
  4. Provide total expenditure incurred in development of Bullet Proof Jacket  in DMSRDE right from sanctioning of first GSQR for BPJ up to present(current) GSQR for BPJ in following format:

(i)         GSQR No.

(ii)        Date of sanction

(iii)       Date of closure/completion

(iv)       Expenditure incurred

  1. How much amount has been expenditure in DMSRDE in creation & setup of the facilities and infrastructure development for R&D of BPJ under these GSQRs given by AHQ to DMSRDE till date?

Note: – above required information is directly related to corruption and not come under schedule – II

It is observed that DRDO is denying 99% RTI request under shadow of Schedule – II.  This RTI request is directly related with corruption. I do hereby declare that I am the citizen of India. Kindly provide me with the information at the address mentioned with the application. I request you to ensure that the information is provided before expiry of 30 day period after you have received the application.

Enclosed – Rs 10 Postal Order No  98E 528555

Regards

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

RTI – DMSRDE – Raising Day

1 Comment
To,                                                                                      Date: 05 September, 2013
Shri Sarvesh Kumar, Sc’F’
Central Public Information Officer (CPIO)
DMSRDE, GT Road
Kanpur-208013            

Subject: Application under Right to Information Act 2005

Hello,

DMSRDE Kanpur celebrates its Raising Day/Establishment Day every year on 29 July. In this connection kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. Total expenditure incurred in celebration of Lab Raising Day in years 2010, 2011, 2012 & 2013 with information in following format.
Year Total Expenditure Incurred Expenditure on Distribution of gifts to all Officers & Employees  of DMSRDE TA/DA & other Expend. to Chief Guest
2010
2011
2012
2013

2.   Sources of fund for bearing expenditure in Raising Day of DMSRDE on 29 July 2013. Provide details of source wise fund and total fund so collected for celebrating Raising Day on 29 July 2013.

3.   Whether Gifts were distributed to all Officers & Employees of DMSRDE on DMSRDE Raising day on 29 July 2013. (Yes/No)

4.    If answer to point 3 is yes then provide the following information.

i.     Item description of gift distributed
ii.    Cost of each gift
iii.   Total No. of Gift purchased
iv.   Total expenditure on gift distribution
v.    Total strength of DMSRDE including Officers & Employees
vi.    source of fund for arranging the money for distribution of gifts

5.    Provide the total expenditure detail for celebrating Raising Day on 29 July 2013 at DMSRDE, Kanpur on following heads/items.

i.     Gifts distribution
ii.    Award Distribution
iii.    High Tea to all Officials of DMSRDE
iv.    VVIP Lunch
v.     VVIP Dinner
vi.    TA/DA to Chief Guest
vii.    Memento
viii.   Decoration
ix.      Other Misc. Expenditure
 

Find the application fee for the request attached with this application. If you feel that above requested information does not pertain to your department then please follow the provisions of Section 6(3) of the RTI Act, 2005/Also as per the provisions of the RTI Act, 2005 please provide the details (Name and Designation) of the first appellate authority w.r.t to your department with the reply to the above request, where I may if required file my first appeal.
I do hereby declare that I am a citizen of India. Kindly provide me with the information at the address mentioned with the application. I request you to ensure that the information is provided before the expiry of the 30 day period after you have received the application.

The information sought in this RTI Application is pertaining to allegations of corruption and as such not exempted u/s 24 of the RTI Act.

Corruption – Giving or obtaining advantage through means which are illegitimate, immoral, and/or inconsistent with one’s duty or the rights of others. Corruption often results from patronage.

An IPO of Rs. 10/- as application fee (IPO No.964383) is annexed as Annexure-1.

Regards

 
(Prabhu Dayal Dandriyal)
21-Sunderwala, Raipur
Dehradun-248008
Uttarakhand                                                            
 

Annexure:-

  1. IPO of Rs. 10/- , with IPO No. IPO No.964383 as application Fee.
Drdo

RTI – DMSRDE – National Conference on Advanced Polymers, Fibers and Fabrics

1 Comment
To,
Shri Sarvesh Kumar
Scientist ‘F’
Public Information Officer
DMSRDE, GT Road
Kanpur-208013                   

Subject: Application under Right to Information Act 2005

Sir,

DMSRDE Kanpur organized National Conference on Advanced Polymers, Fibers and Fabrics (APF2 -2011), December 26-28, 2011 at DMSRDE, Kanpur. Kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. Bank account details opened for APF2-2011 with following information
  • Date of opening account
  • Account Number
  • Bank name and  branch name
  • Present status of account Running/closed. If running then balance in the account as on 15 Aug 2013.
  1. Total amount collected from all sources to organize the conference on APF2-2011.
  2. Provide details of total funds (amount) collected from all sources for  organizing APF2-2011 in following format.

S.N.

Source

Amount in Rs.

1.

 Vendors/Firms/Industry/Suppliers

2.

 DRDO HQ

3.

 Director, DMSRDE (Misc. Head/other sources)

4.

 Advertisements from Industry/vendors for sponsorship in SOUVENIR, APF2-2011

5.

 Registration Charges from delegates

6.

 Lodging & boarding charges from delegates

7.

 Fund Received from CSD Canteen , DMSRDE

8.

 Other sources – source wise

TOTAL
  1. Whether sources of funds & expenditure details (Account Documents/Balance Sheets) were audited by independent audit agency like ACDA, AO(R&D),DMSRDE. (Yes/No)
  2. If answer to point (4) above is Yes then provide the copy of Audit Report.
  3. Name & designation of Treasurer/Cashier for  APF2-2011.
  4. Details of officers with name & designation who were authorized to sign the cheque to withdraw the money/fund from APF2-2011 account.
  5. Provide the information about the funds/money donated in APF2-2011 by vendors/suppliers/Industry/Firms/etc  in following format
S.N. Name of vendor/ supplier/ firm/ Industry/etc with address Fund (Amount) donated (Rs.) Cheque No. & date
  1. Reasons for which vendors/Industry/suppliers donated fund to DMSRDE for organizing APF2-2011.
  2. Whether any request/appeal/demand was made from Director, DMSRDE or Convener, APF2-2011 to vendors/suppliers/Industry to donate funds to DMSRDE for organizing APF2-2011, either  written or verbal. (Yes/No)
  3. If request/demand was made in writing then provide  copy of the letter issued to vendors/suppliers/Industry for demanding the funds from DMSRDE.
  4. Provide bank account statement of APF2-2011 and copy of balance sheet of expenditures incurred in APF2-2011.

The information sought in this RTI Application is pertaining to allegations of corruption and as such not exempted u/s 24 of the RTI Act.

An IPO of Rs. 10/- as application fee (IPO No.966244) is annexed as Annexure-1.

Date: 05 September, 2013                                                  
 
 
(Prabhu Dayal Dandriyal)
21-Sunderwala, Raipur
Dehradun-248008
Uttarakhand                    

Annexure:-

  1. IPO of Rs. 10/- , with IPO No.966244 as application Fee.
Drdo

RTI – DMSRDE – GE MES

1 Comment
To,
Shri Sanjeev Kumar
GE (R&D),
Public Information Officer (PIO)
MES, DMSRDE, GT Road
Kanpur-208013                

Subject: Application under Right to Information Act 2005

Sir,

Kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. The date on which Ex-Director, DMSRDE, Kanpur Dr. KU Bhasker Rao vacated/handed over the R&D House (Director’s Residence) to   MES, DMSRDE, Kanpur.
  2. Provide copy of vacation report of R&D House submitted by MES to Estate & Works Division, DMSRDE after vacation of accommodation by Dr. KU Bhasker Rao.
  3. Provide copies of the original internal map/Engg. Drawing of R&D House
  1. on the date when Dr. KU Bhasker Rao vacated the R&D House.
  2. on the date when Dr. A.K. Saxena take over the possession of R&D House.
  1. Whether any structural alterations/changes have been made in R&D House after vacation of R&D House by Ex-Director Dr. KU Bhasker Rao. (Yes/No)
  2. If Yes then provide the details of structural alterations/changes that have been made in R&D House after vacation by Dr. KUB Rao.
  3. Total expenditure incurred in making structural alterations/changes and non-structural alterations/changes in building of R&D House by MES/DMSRDE after vacation of R&D House by Dr. KUB  Rao in following format.
S.N. Actual work carried out Expenditure Amount Nature of work (Major/Minor) Structural/Non-Structural Sanctioning Authority

 

  1. Provide the rules of DRDO or MES or any other Government rules under the provisions of which structural alteration/changes was made in R&D House (Director’s Residence), DMSRDE, Kanpur during the period between the date of vacation of R&D House by Dr. KUB Rao and prior to the date of taking over R&D House by Dr. A.K. Saxena.
  2.  Whether any request was made by Dr. A. K. Saxena , Director or  Estate & Works Division to GE(R&D), MES for making structural alterations /changes in R& D House (Director’s Residence), DMSRDE in 2011-2012
  3. Details of sanctioning authority that sanctioned major works and minor works for making structural alterations/changes in R&D House, DMSRDE, Kanpur with name, designation and authority by which he sanctioned.
  4. Provide the details of non-structural changes made in R&D House after the said accommodation was vacated by ex-Director Dr. KU Bhasker Rao and take over by Dr. A.K. Saxena.
  5. Total expenditure incurred in making structural alterations/changes in R&D House in 2011-2012
  6. Total expenditure incurred in making non-structural alterations/changes in R&D House in 2011-2012.
  7. Whether non-structural changes were made on request of occupant of R&D House Dr. A.K. Saxena. (Yes/No)
  8. If yes then provide the copy of letter of request by Dr. A.K. Saxena for making non-structural changes in R&D House.
  9. Whether 10% of total expenditure on non-structural changes was taken from Dr. A.K. Saxena. (Yes/No)
  10. If yes then how much amount was deposited by Dr. A.K. Saxena to MES for the said work?

This is to inform that information sought is pertaining to allegations of corruption and as such not exempted u/s 24(1) of RTI Act 2005.

An IPO of Rs. 10/- as application fee (IPO No. 16F 966242) is enclosed as Annexure-1.

Date: 20th August, 2013                                                                                         
 ( J P. Sharma)
Advocate
Chamber No.64, First floor
Opposite Bar Council Office, Court Compound
Dehradun-248001
Uttarakhand                    
Annexure:-
  1. IPO of Rs. 10/- , with IPO No. 16F 966242 as application Fee.    
Drdo

RTI – DMSRDE- PCDA (R&D)

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To,                                                                                                                   20th August 2013
Dr. Jairaj Naik, IDAS
Jt. CDA, CPIO
O/o PCDA (R&D), West Block
R.K. Puram
New Delhi-110066

Subject: Application /Request under Right to Information Act 2005

Sir,

Kindly provide the following information under section 2(f), 2(i), 2(j) and 6(1) of RTI Act 2005.

INFORMATION SOUGHT

  1. Provide the details of bills passed for payments of third party (Vendor/ supplier /Firms) claims forwarded by DMSRDE, Kanpur by O/o PCDA (R&D), New Delhi and O/o AO (R&D), ACDA, DMSRDE, Kanpur for the period 01/01/2011 to 31/07/2013 for the amount between One lakh to Fifty lakh for purchase of store and services with following information in each bill.
  • Particulars of store (item purchased) and service hired
  • Particular of vendor/firm to which payment was made(Cheque issued)
  • Amount of bill/cheque issued
  • Date of payment
  • Mode of tendering- Single/Single with PAC/Limited/Open
  • Whether repeat order(Yes/No)

2.    Details of all bills passed and cheque issued by AO(R&D), ACDA, DMSRDE, Kanpur and O/o PCDA(R&D) in favour of SM Pulp Packaging Pvt Ltd., New Delhi/ SM Carapace Armor, New Delhi with following information.

  • Particular of store (item purchased) and services hired.
  • Amount of bill
  • Date of payment/ cheque issued
  • Mode of Tendering- Single/Single with PAC/Repeat Order/Limited /Open
  1. In one year how many repeat order can be issued as per Purchase Manual 2006 of DRDO/Any other Govt. Rules in case of
  • Store
  • Services
  1. Whether repeat orders could be issued in case of services/AMC/ services hired like hired vehicle for transport etc as per PM 2006. (Yes/No)
  2. If answer to point (4) is yes then provide the copy of said rule.
  3. Whether M/s SM Pulp Packaging Pvt Ltd/SM Carapace Armor/or any other subsidiary of SM Group is registered with DMSRDE, Kanpur or with HEMRL, Pune (Yes/No)
  4. If answer to point (6) is yes then provide copy of registration certificate issued by DMSRDE, Kanpur or HEMRL, Pune.
  5. Provide the details/category under which any subsidiary firm under SM Group New Delhi like SM Pulp/SM Carapace is registered with HEMRL / DMSRDE as per Rule 3.2 of PM 2006.
  6. If registered at HEMRL/DMSRDE then date of registration.
  7. Copies of Supply Orders issued to SM Pulp Packaging/SM Carapace Armor for the Financial years
    1. 2010-2011
    2. 2011-2012
    3. 2012-2013
  1. Inspection of documents/records for passing the bills of SM Pulp Packaging and SM Carapace Armor , New Delhi for the FY 2010-2011, 2012-2013 and 2012-2013.

An IPO of Rs. 10 No. 16F 966245 is enclosed as application fee.

Date – 20th August 2013
 ( J P. Sharma)
Advocate
Chamber No.64, First floor
Opposite Bar Council Office
      Court Compound
Dehradun-248001
Uttarakhand                    
Copy to
Shri V.N. Singh, ACDA
AO (R&D), DMSRDE, GT Road, Kanpur-208013
Drdo

RTI- DMSRDE – 7

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To,                                                                                                           20th  August 2013
Shri Sarvesh Kumar
Scientist ‘F’
Central Public Information Officer (CPIO)
DMSRDE, GT Road
Kanpur-20801           

Subject: Application under Right to Information Act 2005

Sir,

This is with reference to Rule 18 of CCS (Conducts) Rules 1964 and information about Immovable Property Return (IPR) available on DRDO website (drdo.gov.in). Kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. Details of movable, immovable and valuable property as submitted by Dr. A.K. Saxena, Director, DMSRDE under the rule 18(1) (i) of CCS (Conduct) Rules 1964.
  2. Provide copy of return of assets and liabilities of Dr. A.K. Saxena as submitted by him under rule 18(1) (i) of CCS (Conduct) Rules 1964.
  3. Provide copies of Annual Immovable Property Return (IPR) submitted by Dr. A.K. Saxena under  rule 18(1)(ii) of CCS(Conduct) Rules 1964 for the years
  • 2010
  • 2011
  • 2012
  • 2013

4.   Details of all the immovable properties acquired till 31 July, 2013 under rule 18 of CCS(Conduct) Rules 1964 by    Dr. A. K. Saxena, Director, DMSRDE  with  following information

  • Full details about location viz. Municipal No. Street/Village, Taluk, District and State in which situated
  • Purchase value of property
  •  Sources from which financed

5.    Details of all the movable properties acquired till 31 July, 2013 under rule 18 of CCS(Conduct) Rules 1964 by Dr. A. K. Saxena, Director, DMSRDE with following information.

  • Description of the property i.e. Car / Scooter / Motor Cycle / Refrigerator/ Computer/ Laptop/Bank account /shares /investments /Jewellery/loans/Insurance policies etc
  • Make, Model and also registration No. in case of vehicles, where necessary
  • Purchase price of the property (Market value in the case of gifts
  1. Provide copies of final intimation in form under rule 18(2) after purchase of the all immovable properties and in form under rule 18(3) after purchase of all the movable properties under Rule 18 of CCS (Conduct) Rules 1964 in respect of Dr. A.K. Saxena, Director, DMSRDE, Kanpur.
  2. Provide details of family members/dependent for CGHS, LTC etc purpose under rule 2(c) of CCS (Conduct) Rules 1964.

This is to inform that Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure. F. No. CIC/LS/A/2010/000107 dated 26.4.2010 and F. No.CIC/SM/C/2008/ 00054/LS dated 29.01.2010.

The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act.

An IPO of Rs. 10/- as application fee (IPO No.16 F 966251) is enclosed as Annexure-1.

Date:20th August, 2013                                                                              

( J P. Sharma)
Advocate
Chamber No.64, First floor
Opposite Bar Council Office, Court Compound
Dehradun-248001
Uttarakhand                    
Annexure:-
  1. IPO of Rs. 10/- , with IPO No. 16 F 966251 as application Fee.     
Drdo

DMSRDE- RTI -6

1 Comment
To,                                                     Date: 08th August, 2013
Shri Sarvesh Kumar
Scientist ‘F’
CPIO,DMSRDE, GT Road
Kanpur-208013

Sir,

This is with reference to DOPT Office Memorandum F. No. 1/8/2012-IR dated 11th September 2012 and DOPT Office Memorandum F. No. 1/8/2012-IR dated 3rd April, 2013 on Subject “Suo motu disclosure on official tours of Ministers and other officials“.  It has been observed that information regarding official tours of Director, DMSRDE and other Scientist ‘G’ & above posted in DMSRDE are not available on DRDO/ DMSRDE website in compliance of above mentioned DOPT Office Memorandum.

Kindly provide the following information under section 2(f), 2(j) and 6(1) of RTI Act 2005.

INFORMATION SOUGHT

  1. Provide soft copy of data / data in electronic form stored in database kept on server/computer used for storing data of tour programs using software for preparing TA/DA advance bills, final claim settlement of tours and Movement Orders in Finance & Accounts Division DMSRDE for tour program/Temporary Duty move data from 01st January, 2011 to 31st July 2013 in respect of all Scientists and officials of DMSRDE in Compact Disc (CD).
  2. Provide following information and records regarding official tours of Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur from 01 January 2011 to 31 July 2013.
  1. Copies of all official tour programs
  2. Copies of movement orders for all tours

iii. Copies of final claim along with all enclosure for claiming TA/DA like rail/air tickets, bills for Lodging And Boarding, taxi bills etc.

  1. Provide following information and records regarding official tours of Dr. Vineeta Nigam, Scientist ‘D’ from 01.01.2011 to 31.07.2013
  1. Copies of all Minute Sheets/Justifications approved by Director for Temporary Duty /Official Tour.
  2.  Copies of all official tour programs

iii. Copies of all  Movement Orders

iv. Copies of final claim along with all enclosure for claiming TA/DA like rail/air tickets, bills for Lodging and Boarding, taxi bills etc.

  1. Provide temporary duty completion report submitted by Dr. Vineeta Nigam, Scientist ‘D’ duly verified from the concerned official at place of temporary duty.
  1. Amount that   has been paid to Dr. Arvind Kumar Saxena, Director, DMSRDE for TA and DA separately for his all official tours/temporary duty moves from 01.01.2011 to 31.07.2013.
  2. Reasons for not uploading official tour data of Director , DMSRDE, Kanpur and all Scientist ‘G’ & above on website of DRDO/DMSRDE as per orders of Government of India vide OM F. No. 1/8/2012-IR dated 11th September 2012 and OM  F. No. 1/8/2012-IR dated 3rd April, 2013.

An IPO of Rs. 10/- as application fee (IPO No. 16 F 964388) is enclosed

Regards

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

Enclosures

  1. IPO of Rs. 10/- , with IPO No. 16 F 964388  as application Fee.
  2. DOPT Office Memorandum F. No. 1/8/2012-IR dated 11th September 2012
  3. DOPT Office Memorandum F. No. 1/8/2012-IR dated 3rd April,   dopt om tour details 1dopt om tour details 2dopt om tour details 3
Drdo

DMSRDE – RTI

2 Comments
To,
Shri Sarvesh Kumar, Scientist ‘F’
CPIO
DMSRDE, GT Road
Kanpur-208013

Sub:            Application /Request under Right to Information Act 2005

Sir,

Kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. Provide list of Scientists/Officers claiming rebate in Income Tax on rent paid by submitting rent receipt to DMSRDE, Kanpur in the following format for-

(i) FY 2010-2011                    (ii) FY 2011-2012               (ii)  FY 2012-2013

 

S.N. Name of Scientist & Rank Financial Year Rent claimed per month as per rent receipt Total rebate on rent paid in Income Tax
  1. Provide the addresses for which the Scientists/Officers submitted rent receipt in following format
S.N. Name of Scientist & Rank Financial Year Address in rent receipt Rent claimed per month
  1. Provide the copies of Form 16 issued by Director, DMSRDE, Kanpur for AY 2012-2013 and AY 2013-2014 in respect of Shri Amit Kumar, Scientist ‘D’.
  2. Provide copies of verified rent receipt submitted by Shri Amit Kumar, Scientist ‘D’ to get income tax rebate on house rent paid for the AY years 2012-2013 & 2013-2014 ( Financial Year 2011-2012 & 2012-2013).
  3. Provide the copy of the undertaking given by Shri Amit Kumar , Scientist ‘D’ to Director, DMSDRE in respect to that ‘He will liable to pay Income Tax and Penalty on Income Tax in case it was found that his claim for both HBA interest and rent paid was found illegal’.
  4. Provide Copy of Income Tax Rules  on ground of which Shri Amit Kumar was allowed to get rebates in income tax both on rent paid and  on HBA interest by Director, DMSRDE , Kanpur.
  5. Copy of Declaration in Form No. 10BA under Rule 11 (B) of IT Act by Shri Amit Kumar, Scientist ‘D’ during FY 2011-12, 2012-2013.
  6. Provide copy of salary slips for the months June 2013 and July 2013.
  7. Provide Owner name and address of house for which the rent receipts were submitted by Shri Amit Kumar, Scientist ‘D’.
  8. Provide Copy of the Performa submitted by Shri Amit Kumar to finance division for claiming rebates and informing saving details duly verified by Administration Division after confirming the present address from his personal case.
  9. The date on which Shri Amit Kumar, Scientist ‘D’ left the Government Accommodation . Provide copy of vacation report/certificate issued by MES to Estate Division in respect of Shri Amit Kumar, Scientist ‘D’.
  10. The date from which Shri Amit Kumar is submitting rent receipt in order to claim/get rebate in rent paid in Income Tax.
  11. Whether any Vigilance Committee/other Committee was constituted by Director, DMSRDE to verify that the concerned Scientist/Officer claiming rebate on basis of rent paid is living on the address claimed and not submitting fake/forge receipt for house rent? (Yes/No)
  12.  If Yes then provide the copy of the letter by which the said Vigilance Committee/Other Committee for this purpose was constituted.

This is to inform that Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure. For examples decision pronounced in F. No. CIC/LS/A/2010/000107 dated 26.4.2010 and in F. No.CIC/SM/C/2008/ 00054/LS dated 29.01.2010.

Besides this the information sought is pertaining to allegations of corruption and as such not exempted u/s 24 of RTI Act 2005. An IPO of Rs. 10/- as application fee is enclosed.

Date: 31 July, 2013                                                                                       
                                                                                                           (Rajiv Chauhan)                                                                                              
                                                                                                       1053/3,Shastrinagar, Meerut(UP)-250005

Enc : IPO of Rs. 10/- , with IPO No  16F 964390