SUBJECT: Request for the sanction of fund from Prime Minister’s relief fund for filing PIL

Honorable Sir,

                          The foul smell coming out of DRDO in particular the misuse of government funds and misinterpretation of government rules have been sent to successive government since 2001.

So far barring a few dent the fundamental change expected by countryman have not been observed, may the reason known to successive Defence Ministers.

There was growing hope of countries scientific fraternity and as well as common man of India that Honorable Prime Minister Shri Narendra Modi ji will take appropriate action against the corrupt officials of DRDO. When several cases of extensions were put up for approval it was denied. The culprits were furious and looking for safe exit, however, when the contractual appointment of Sh Avinash Chander, DG, DRDO, SA to RM, Secretary, DRD was continued, the message delighted the corrupt officials, operating within the four walls of DRDO.

DRDO can spend government fund for manufacturing Silver Rath of Rs 2.5 Crores without having any approval from competent authority. The existence of Controller Defence Accounts is also not visible. And above all our government is keep mum on this unethical, irresponsible act of DRDO bosses.

Sir, an enclosed PIL is almost ready for submission to honorable court and we seek financial assistance for national interest from Prime Minister’s relief fund as court expenditure for the sake timely action to save premier defence organisation of the country.

Thanking You

Enclosed –  Public interest litigation (PIL)                 

IN THE HIGH COURT OF JUDICATURE AT DELHI

*****

I N D E X

IN

CIVIL MISC. WRIT PETITION (PIL) NO.                 OF 2014

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal

…Petitioner

Versus

1. Union of India through the Cabinet Secretary, Government of India, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi and others.

…Respondents

Dated _____________ 2014

(                                                    )

Advocate

Counsel for the petitioner

Chamber No.         High Court, Delhi
IN THE HIGH COURT OF DELHI AT NEW DELHI

*****

LIST OF RELEVANT DATES & EVENTS

IN

CIVIL MISC. WRIT PETITION (PIL) NO.                 OF 2014

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal son of Late Shri R N Dandriyal

Resident of 21, Sunderwala, Raipur Road, Dehradun-248008

…Petitioner

Versus

1. Union of India through the Cabinet Secretary, Government of India, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi-110011.
2. Secretary, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.
3. Secretary, Ministry of Defence, South Block, New Delhi-110011
4. Shri Bhanu Pratap Sharma, Special Secretary and Establishment Officer, DOPT, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.

…Respondents

Dated _____________ 2014

(                                                    )

Advocate

Counsel for the petitioner

Chamber No.         High Court, Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI

*****

         CIVIL MISC.  STAY APPLCIATION No.               OF 2014

(Under Chapter XXII Rule 1 of the High Court Rules)

         On behalf of:-

PRABHU DANDRIYAL, 21, SUNDERWALA, RAIPUR ROAD , DEHRADUN-248008

…Petitioner

IN

CIVIL MISC. WRIT PETITION (PIL) NO.                 OF 2014

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal son of Late Shri R N Dandriyal

Resident of 21, Sunderwala, Raipur Road, Dehradun-248008

…Petitioner

Versus

1. Union of India through the Cabinet Secretary, Government of India, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi-110011.
2. Secretary, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.
3. Secretary, Ministry of Defence, South Block, New Delhi-110011.
4. Shri Bhanu Pratap Sharma, Special Secretary and Establishment Officer, DOPT, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.

…Respondents

To,

The Hon’ble the Chief Justice and his other companion  judges of the aforesaid court.   The humble application on behalf of above named, Petitioner, Most     Respect fully Showeth as under:

That the full facts and circumstances of the case have been stated in the accompanying writ petition (PIL), which forms part of this application.

PRA YER

It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to quash the appointment letter dated 31 May 2013 and direct the Respondent No. 1 & 2  to ensure the cancellation of appointment on contract (contractual appointment) of  Shri Avinash Chander who is presently holding charge of Director General R&D, DRDO, Scientific Advisor to Raksha Mantri and  Secretary , Department of Defence R&D on contract with effect from 01 December 2014.

It is further prayed that this Hon’ble Court may graciously be pleased to issue orders to respondent no. 1 to investigate all the complaint made against Shri Avinash Chander to Hon’ble Prime Minister of India, PMO in time bound manner and submit the inquiry report before this Hon’ble Court within one month.

During the pendency of the present Writ Petition(PIL) , and/ or pass such other and further order which this Hon’ble Court may deem fit and proper in the nature and circumstances of  the  case.

Dated _____________ 2014

(                                                    )

Advocate

Counsel for the petitioner

Chamber No.         High Court, Delhi

IN THE HIGH COURT OF JUDICATURE AT DELHI

*****

CIVIL MISC. WRIT PETITION (PIL) NO.                 OF 2014

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal son of Late Shri R N Dandriyal

Resident of  21, Sunderwala, Raipur Road, Dehradun-248008

…Petitioner

Versus

1. Union of India through the Cabinet Secretary, Government of India, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi-110011.
2. Secretary, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.
3. Secretary, Ministry of Defence, South Block, New Delhi-110011.
4. Shri Bhanu Pratap Sharma, Special Secretary and Establishment Officer, DOPT, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.

…Respondents

To,

The Hon’ble the Chief Justice and his other companion Judges of the aforesaid court.

The humble application on behalf of above named, Petitioner, Most Respectfully Showeth as under:

1. That this is the first Public Interest Litigation filed on behalf of the petitioner on the subject before this Hon’ble Court and no other Writ Petition/Public Interest Litigation has been filed with the same cause of actio
2. That the Petitioner has not received any caveat as yet from any of the respondents. The expenditure of the petition is managed by the petitioner himself.
3. That the petitioner has no personal grudge against any one and the purpose of filing this Public Interest Litigation is not to harm anyone with any personal motive.
4. That the Petitioner has neither personal interest in the matter nor any grudge against anybody in filing the Public Interest Litigation. The Petitioner is totally devoted to promote transparency and accountability and ensure to contain corruption in post-retirement appointment on contract of Shri Avinash Chander posted on contract as Director General R&D, DRDO, Scientific Advisor to Raksha Mantri and Secretary , Department of Defence R&D  for 18 weeks with effect from 01 December 2014 to 31 May 2016.
5. That under the provisions of Government of India(Allocation of Business) Rules 1961 , Allocation of Business – The business of the Government of India shall be transacted in the Ministries, Departments, Secretariats and Offices specified in the First Schedule to these rules and the distribution of subjects among the departments shall be as specified in the Second Schedule to these Rules.
6. That Department of Defence Research and Development (Raksha Anusandhan aur Vikas Vibhag) is under Ministry of Defence in First Schedule of AOB Rules 1961 and under the provisions of The Second Schedule (Rule 3) of AOB Rules 1961, the Distribution of Subjects Among The Departments for the Department of Defence Research and Development is annexed as Annexure-A1 to this PIL.
7. That under the provisions of Rule 2(i) of CCS(CCA) Rules 1965 the Head of Department is defined as “head of the department” for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the department under the Fundamental and Supplementary Rules or the Civil Service Regulations, as the case may be.
8. That under the provisions of Rule 2(j) of CCS(CCA) Rules 1965 the Head of Office is defined as “head of the office” for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the office under the General Financial Rules.
9. That Defence Research & Development Organisation (DRDO) is an organisation under Department of Defence R&D, Ministry of Defence. Head of Department and Head of Office in DRDO is Secretary , Department of Defence R&D who is also holding posts of Director General Research & Development and Scientific Advisor to Raksha Mantri simultaneously.
10. That Defence Research & Development Organisation (DRDO) is having vision ” Make India prosperous by establishing world class science and technology base and provide our Defence Services decisive edge by equipping them with internationally competitive systems and solutions ” and Mission ” Design, develop and lead to production state-of-the-art sensors, weapon systems, platforms and allied equipment for our Defence Services , Provide technological solutions to the Services to optimise combat effectiveness and to promote well-being of the troops and Provide technological solutions to the Services to optimise combat effectiveness and to promote well-being of the troops”.
11. That DRDO is having budget of Rs. 15283 crore for the FY 2014-2015 in Union Budget 2014 and this is fund is controlled by Secretary, Department of Defence R&D, DGR&D and SA to RM.
12. That DRDO is having 52 establishments and approx. 30000 employees including 7500 Scientists. The Head of DRDO is holding three post simultaneously DGR&D, SA to RM and Secretary, DRD. He is having control over 30000 employees, 52 establishments and Rs. 15283 crore of public money.
13. That DRDO is having seven technology based domain cluster with seven Director General(DG) and more than 20 Corporate Directorate headed by more than 8 Chief Controller Research & Development(CCR&D) . Most of the DG and CCR&D are on extension in service beyond 60 years. The copy of the Organisation Chart of DRDO is annexed as Annexure- A2 to this PIL.
14. That statutory Recruitment & Promotion Rules for DRDO Scientists under Defence Research & Development Service (DRDS) cadre of DRDO are called as Defence Research & Development Service Rules 1979 (DRDS Rules 1979). All recruitment and promotions of scientist are made under these Rules. There is no provision of appointment on contract in recruitment methods  under DRDS Rules 1979.
15. That Establishment Officer’s Division (EO Division) , DOPT, Ministry of Personnel, Public Grievances & Pensions,  Government of India processes all proposals for senior appointments in the Government of India that require approval of the Appointments Committee of the Cabinet under the Government of India Transactions of Business Rules, 1961. These include Board level appointments in Public Sector Undertakings and appointments to the posts at the level of Joint Secretary. In addition, all appointments by promotion that require ACC approval are processed through the E.O. Division. For this purpose, the Establishment Officer functions as the Secretary to the Appointments Committee of the Cabinet.
16. That  Appointments Committee of the Cabinet(ACC) approves  appointments to several top posts under the Government of India. The committee is composed of the Prime Minister of India (who is the Chairman), the Minister of Home Affairs and the Minister in-charge of the concerned Ministry. The Establishment Officer’s Division (EO Division) processes all proposals for senior appointments in the Government of India that require approval of the Appointments Committee of the Cabinet under the Government of India Transactions of Business Rules, 1961. The Appointments Committee of the Cabinet, reconstituted in June 2014. Now Prime Minister and Home Minister to constitute Appointments Committee on Cabinet and will no longer have ‘minister in-charge of the concerned ministry’ as member.
17. That Shri Ajit Kumar Seth, IAS (DOB: 24 Nov 1951) appointed as Cabinet Secretary, Government of India by Appointment Committee of Cabinet(ACC) for two years with effect from 14.06.2011 to 13.06.2013. His tenure was further extended for one year with effect from 14.06.2013 to 13.06.2014. His tenure was again extended for 06 months with effect from 14.06.2014 to 13.12.2014. His tenure has been again extended for six month beyond 13 Dec 2014 by ACC.
18. That Shri Bhanu Pratap Sharma, IAS was appointed as Establishment Officer & Additional Secretary, DOPT, Ministry of Personnel, Public Grievances & Pensions by Appointment Committee of Cabinet(ACC) on 23.11.2011 and by order dated 03.11.2014 of ACC , he has been appointed as Special Secretary and Establishment Officer, DOPT.
19. All the extensions in service beyond age of 60 years are made through DOPT, DPRC, Screening Committee headed by Cabinet Secretary and ACC headed by Hon’ble Prime Minister. ACC is constituted of three members- Hon’ble Prime Minister, Hon’ble Home Minister and Hon’ble Minister of concerned Ministry.
20. That Shri Avinash Chander (DOB: 06.11.1950) joined DRDO in August 1972. He was appointed as Chief Controller Research & Development (Missiles & Strategic Systems) on 11 May 2011 and that time he was holding rank Distinguished Scientist in 75,500-80,000/- (HAG+ Scale)  with effect from 14.06.2006. His date of retirement was 30 November 2010 but Government gave extension in service to him for two years beyond  60 years and up to 62 years from 01 December 2010 to 30 November 2012. Government gave further extension of two years beyond 62 years and up to 64 years age from 01 Dec 2012 to 30 November 2014.
21. That procedure to Grant of extension/re-employment to Central Government servants beyond the age of superannuation covered by DOPT OM 26012/6/2002-Estt. (A) dated 09 December 2002 , DOPT OM No. 26012/8/2011-Estt. (A) dated 16 May 2011 and DOPT OM No. 22/35/2011-E0 (SM.I1) dated 24 September 2014. Copies  of the DOPT OMs dated 09 December 2002 and dated 16 May 2011 is annexed as Annexure-A3 ,  Annexure-A4 and Annexure A5 to this PIL.
22. That the for consideration of cases of extensions in service beyond age of 60 years for scientists in DRDO are covered by Office Memorandum of DOPT issued time to time. These OMs are OM No. 26012/15/2010-Estt(A-IV) dated 4th May 2011, OM No. 26012/7/2013/Estt.(A-IV) dated 26th June 2013 and OM No. 26012/7/2013-Estt(A-IV) dated 26th September 2014. All the proposals for extension in service are processed through DPRC constituted by these OMs of DOPT. Copies of OMs dated 4th May 2011, 26th June 2013 and 26th September 2014 are annexed as Annexure-A6  , Anexure-A7 and Annexure-A8 to this PIL.
23. That the Screening Committee headed by Cabinet Secretary for considering the proposals for extensions beyond  62 years and up to 64 years of age is constituted by DOPT OM No. 26012/15/2010-Estt/A-IV dated 4th May 2011 and DOPT OM No. 26012/12/2013-Estt.(A) 13th June 2013.  Copies of DOPT OMs dated 4th May 2011 and 13th June 2013 are annexed as Annexure-A9 and Anexure-A10.
24. That under the provisions of DOPT OMs at Annexure-A3, Anexure-A4 and Anexure-A5 and FR 56(d) for extension beyond 62 year and up to 64 year age two conditions should be fulfilled-(i) the Scientist should have international stature (ii) such extension should not  block promotion opportunities of others in the Department.
25. That Bio-Data of Shri Avinash Chander, DS & CCR&D (MSS) is annexed as Annexure-A11 to this PIL. Bio-data of Sri Avinash Chander, DS & CCR&D(MSS) shows that he was not having International Stature in field of Science & Technology. Therefore DPRC headed by DGR&D, SA to RM and Secretary, DRD and Screening Committee headed by Cabinet Secretary illegally recommended the name of Shri Avinash Chander for extension from 62 to 64 year age in gross violation of FR 56(d) and DOPT OMs. The ACC approved the extension of Shri Avinash Chander based on recommendations of DPRC and Screening Committee and did not applied their mind to see the rule position and documents on record in file. Besides these DPRC, Screening Committee and ACC violated provisions of the FR 56(d) and second condition as Shri Avinash Chander was Distinguished Scientist from 14.06.2006 and his second extension blocked  the promotion opportunity of other senior Scientists having rank of Outstanding Scientists as vacancy of   Distinguished Scientist in DRDO is very limited 08-10 during the 2010-2012. Fundamental Rules are statutory rules and extension in violation of Fundamental Rules 56(d) was unconstitutional.
26. That in any circumstances DRDO Scientists cannot get extension beyond 64 year age under the provisions of FR 56(d) and DOPT OMs on grant of extension in service.
27. That Appointment Committee of Cabinet(ACC) headed by Prime Minister as Chairman, Home Minister and Defence Minister as members approved the  regular appointment and appointment on contract after retirement of Shri Avinash Chander as Secretary, Department of Defence Research & Development-cum-Director General, Defence Research and Development Organisation and Scientific Adviser to Raksha Mantri for a period of three years from the date of assumption of charge or until further orders, whichever is earlier by order 31 May 2013.   Copy of the order    I2/9/2013-EO (SM.I) , Secretariat of the Appointment Committee of Cabinet, DOPT dated 31 May 2013 is annexed as Annexure-A12 of this PIL.
28. That according the appointment letter dated 31 May 2013 of Shri Avinash Chander as Secretary DRD -cum- DGR&D and Scientific Advisor to Raksha Mantri , ACC approved  that “The appointment of Shri Avinash Chander beyond his date of retirement i.e. 30.11.2014 would be on contract basis with the same terms and conditions as he would be entitled to Secretary (DRD) before the date of retirement”.
29. That , the list of Scientists of DRDO considered for the post of Secretary (DRD) by ACC in May 2013 is enclosed as Annexure -A13 to this PIL.
30. That Shri Avinash Chander retired on 30th November 2014. In this connection Press Release was issued by PIB, MOD on 28th November 2014 at 18:48 IST. Copy of Press Release of PIB , MOD dated 28  November 2014 is annexed as Annexure-A14 to this PIL. According to press release of PIB “The appointment of Dr. Avinash Chander beyond his date of retirement i.e. 30.11.2014 for 18 months would be on contract basis, with the same terms and conditions as he would be entitled to Secretary (DRD) before the date of retirement. His contractual term will end on 31 May 2016”.
31. That DOPT issued two OMs No. AB.14017/34/2008-Estt. (RR) (Pt.) dated 17th June, 2013 and AB.14017/34/2008-Estt. (RR) (Pt.) dated 16th June, 2014 regarding need for contract appointment in the Ministry/Department. These two OMs of DOPT clarified that till date Government has not finalised the policy/rules for appointment on contract in SAG/HAG scale. Copy of OMs dated 17th June, 2013 and 16th June, 2014 is annexed as Annexure-A15 to this PIL.
32. That in reply to Unstarred Question NO-2871 put by Sri E.M. Sudarsana Natchiappan, MP in Rajya Sabha on 06.09.2012 on Appointment of Secretaries on contract basis, it was informed by Hon’ble Shri V. Narayanasamy, Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office that “there is no policy formulation for appointing the Secretaries in Union Ministries and Departments on contract”. Copy of the reply dated 06.09.2012 is annexed as Annexure-A16 to this PIL.
33. The Department of Personnel and Training (DoPT), in its reply to Lok Sabha MP Asaduddin Owaisi, has stated that “Government servants are allowed to continue in service after 60 years in rare and exceptional cases.” It is relevant to mention here that the news was published on 28 May 2012 in Hindustan Times stating “Contractual appointment post-retirement not in rules” based on reply given by DOPT, Ministry of Personnel in 15^th Lok Sabha. Copy of the News published in Hindustan Times dated 28 May 2012 is annexed as Annexure-A17.
34. That several complaints against Shri Avinash Chander are pending before PMO and MOD and  according to rules without vigilance clearance any retired Government employee cannot be appointed on contract as Secretary cum DGR&D and   Scientific Advisor to Raksha Mantri and Head of the DRDO.
35. That Shri Navin Prakash Gupta resident of Kanpur filed complaint to Hon’ble Prime Minister, PMO regarding “Cancellation of illegal appointment of Sri Avinash Chander, Director General Research & Development, Scientific Advisor to Raksha Mantri and Secretary, Department of Defence R&D by Appointment Committee of Cabinet , Govt. of India” dated 06 August 2014. Copy of the complaint is annexed as Annexure-A18 to this PIL. The said complainant has been disposed of by Group of Secretaries headed by Cabinet Secretary on 12.11.2014 and it was informed by CPIO, Cabinet Secretariat vide his letter dated 26 November 2014. Copy of the letter dated 26 November 2014 is annexed as Annexure-A19 to this PIL. The complainant has not been informed about  outcome/decision of Government on the complaint.
36. That Shri Navin Prakash Gupta resident of Kanpur filed complaint to Hon’ble Prime Minister, PMO regarding “Doubtful Integrity, Criminal Misconduct, Breach of Trust & Nepotism by Shri Avinash Chander, Secretary, Department of Defence R&D   Ministry of Defence, Government of India” dated 13 November 2014. Copy of the complaint  dated 13 November 2014 is annexed as Annexure-A20 to this PIL. The complaint is still pending before the PMO.
37. That the petitioner has filed complaint against Shri Avinash Chander to PMO on the subject “Shri Avinash Chander, SA to RM, DG DRDO, Secretary (DRD) patronizing organized corruption in procurement by Dr. A. K. Saxena, Director, DMSRDE, DRDO, Kanpur” dated 13 September 2014. Copy of the complaint dated 13 September 2014 is annexed as Annexure-A21 to this PIL
38. That the petitioner has filed complaint against Shri Avinash Chander to PMO on the subject ” Example of Shri Avinash Chander’s feudalism in DRDO” dated 14 September 2014. Copy of the complaint dated 14 September  2014 is annexed as Annexure-A22 to this PIL.
39. That the petitioner has filed complaint against Shri Avinash Chander to Central Vigilance Commissioner(CVC) on the subject “Recruitment of Shri Saroj Kumar Patel, Scientist ‘G’ and Appointment on post of Director, Directorate of Quality, Reliability &Safety (DQRS), DRDO HQ Complaint against Shri Avinash Chander, DG, DRDO, SA to RM, Secretary, DRD” dated 14 September 2014. Copy of the complaint dated 14 September 2014 is annexed as Annexure-A23 to this PIL.
40. That petitioner has filed complaint against Shri Avinash Chander to Hon’ble Defence Minister on the subject “Shri Avinash Chander is not interested to take any action on DMSRDE corruption cases” dated 01 November 2014. Copy of the complaint dated 01 November 2014 is annexed as Annexure-A24 to this PIL.
41. That petitioner has filed complaint against Shri Avinash Chander to PMO on the subject “Request for cancellation Post Retirement Contractual Appointment of Shri Avinash Chander as DG, DRDO to save the premier organization from the clutches of corrupt and incompetents officials” dated 26 November 2014. Copy of the complaint dated 26 November 2014 is annexed as Annexure-A25 to this PIL.
42. That Government is having view that the extensions in service  beyond age of retirement should not be granted to scientists in DRDO as well as other S&T Organisation/Departments. This view of Government has come in media. Specially an article published in issue of 13 October 2014 of India Today. Copy of the article “DRDO has become ageing body with top scientists on extension” is annexed as Annexure-A26 to this PIL.
43. That despite being so many complaints pending against Shri Avinash Chander, the Government continued his appointment on contract as Secretary, Department of Defence Research & Development-cum-Director General, Defence Research and Development Organisation and Scientific Adviser to Raksha Mantri and he is working on this post on contract with full administrative and financial powers.
44. That in view of the facts and circumstances stated above, it is expedient in the interest of justice that this Hon’ble Court may be pleased to direct the Respondent no. 1 & 2  to ensure the cancellation of appointment on contract of on contract as Secretary, Department of Defence Research & Development-cum-Director General, Defence Research and Development Organisation and Scientific Adviser to Raksha Mantri and issue order to keep away from post of Secretary, DRD cum DGR&D and SA to RM  during the pendency of the present Writ Petition (PIL).
45. That the Petitioner has no other efficacious alternative remedy except to approach this Hon’ble Court under Article 226 of the Constitution of India.
46. That the Petitioner is filing the instant (PIL) writ petition inter-alia on the following among other grounds:-