CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

File No.CIC/LS/A/2012/001207
Appellant Shri Rajiv Chauhan
Public Authority DRDO
Date of hearing 09.08.2012
Date of decision 09.08.2012

Facts :-
1. Heard today dated 09.08.2012. Appellant present. DRDO is represented by Shri
Deepak Mishra, Scientist ‘E’.

2. It is noticed that in the RTI application dated nil, the appellant had sought information on 05 paras about the appointment of Ms. Swati Srivastava. The CPIO had refused todisclose any information vide letter dated 2.11.2011 on the ground that the DRDO is an exempted organisation.

3. During the hearing, the appellant submits that the DRDO had advertised posts of Scientists ‘B’ in 2004 for which qualification was M.Sc. Bio Technology. Ms. Srivastava was M.Sc. in Environmental Biology. Thus, she was not qualified for the job. Yet due to the influence of his father Dr. Arun Kumar, who was then Deputy Director in DRDO, she was fraudulently selected as Scientist ‘B’
4. Shri Mishra submits that there is no one single file relating to this selection. In fact, there were about ten thousand candidates and to cull out Ms. Swati Srivastava’s record would be a herculean task. Further, the record is ten year old.

5. No doubt, DRDO is an exempted organisation, yet in my opinion, there is no harm if the appellant or his representative is given inspection of the entire records relating to the selection of Ms. Swati Srivastava as Scientist ‘B’. As regards the difficulty expressed by Shri Mishra in tracing out the relevant record, I appreciate the same and yet I expect him to cull out the record for appellant’s inspection.

6. This order may be complied with in 05 weeks time.

Sd/-
( M.L. Sharma )
Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this
Commission.

( K.L. Das )
Deputy Registrar

Address of parties :-

1. The Scientist ‘F’ & CPIO, DRDO, RTI Cell,
314-A, B-Block, DRDO Bhawan,
New Delhi-110105.

2. Shri Rajiv Chauhan,
1053/3, Shastri Nagar,
Meerut-250005.

The Right to Information Act, 2005

Appeal before the Central Information Commission;

Appeal No. ———————– Dated ————————
As I am aggrieved by decision of Central Public Information Officer and First Appellate

Authority, I hereby file this appeal for your kind decision.

1. Details of appellant:

1.1 Full Name: – RAJIV CHAUHAN

1.2. Full Address: R/O-1053/3, SHASTRI NAGAR, MEERUT (U.P)-250005

1.3 Phone/Cell No.: 09412628314 ; 09258045938 ; 0121-4009512;

4 Email ID: rajivchauhan89@yahoo.co.in

2. Details of Central Public Information Officer (CPIO):

2.1 Name/Designation: Dr.A.K.TYAGI ; SCIENTIST “F’ , CPIO, DRDO HQ;

2.2 Full Address: 314-A, “B’ BLOCK, DRDO BHAWAN, NEW DELHI-110105

2.3 Name of Public Authority: DRDO, MINISTRY OF DEFENCE.

3. Details of First Appellate Authority [FAA]:

3.1 Name/Designation of the FAA: Dr. ARUN KUMAR

3.2 Full Address of FAA: OS & DIRECTOR; DIRECTORATE OF PERSONNEL;

ROOM NO- 217, DRDO BHAWAN, NEW DELHI-110105

IMPORTANT NOTE :-

The RTI information is related with the corruption of the First Appellate Authority of RTI Dr. Arun Kumar & her daughter during the selection as a scientist “B’, so that the decision on my RTI first appeal decision given by-

Dr. S. SUNDARESH, CC R&D(ACE), SI&DS; TRANSPARENCY OFFICER, DRDO,

DRDO BHAWAN , NEW DELHI-110105

4. Dates of RTI application/first appeal:

4.1 To CPIO — 03 OCT 2011

4.2 To FAA: — 02 DEC 2011

5. Particulars of Decisions:

5.1 Reference No & Date of CPIO Decision:-

02 NOV2011; RTI/01/2091/P/2011/0250; CPIO.DRDO HQ; NEW DELHI

5.2 Reference No & Date of FAA’s Decision:-

11 JAN 2012; RTI/02/2091/F/2011/113; CC R& D (ACE), SI&DS;
TRANSPARENCY OFFICER;DRDO HQ; NEW DELHI

6. Dates of receipt of replies by appellant from:-

6.1 CPIO— 07 NOV2011

6.2 FAA: — 17 JAN 2012

7. Details of information sought:-

Kindly inform to you that Ms. Swati Srivastava,D/o Dr. Arun Kumar,Director DRDO Bhawan,Rajajimarg,New Delhi was selected Scientist”B’ through RAC(Recruitment and
assessment centre of DRDO) Adv.no, item no34 without having the required qualification for the post as published in the advertisement. The required qualification for the post was M.Sc- Biotechnology, where as the qualification of Swati Srivastava is M.Sc in Environmental Biology. Her father Dr. Arun Kumar ,was the Addl.Director of the DRDO at that time. One RAC interview board external member of Ms. Swati Srivastava was her teacher. However Ms. Swati Srivastava was not completing the minimum eligibility qualification as published, then also she was selected with the criminal conspiracy of her father with board members of the RAC. Ms. Swati Srivastava, Dr. Arun Kumar and RAC board Chairman and Members did dishonesty and cheated all the participants who applied for the post and forged the official documents to select as a Scientist “B” to Ms. Swati Srivastava.

In the Director, DRDO fax message 03/8/2004 for RAC Adv.No.66,item.34, eligibility subject showing Biotechnology. RAC,DRDO document of assessment sheet dt. 26/9/2004 for adv.66 subject of Ms. Swati Srivastava forgely filled in Biotechnology list.
However , as per the DRDO letter RTI/01/2091/p/2011-12/005 dt. 6/4/11, Ms.Swati Srivastava subject is environment biology. Therfore Ms. Swati Srivastava without fulfill the eligibility qualification got the scientist “B” post in DRDO on forged documents of the RAC. (Recruitment and assessment centre of DRDO)

Secondly, In the seniority list for promotion of scientist “C” as published on july 2010 page no.45 of DRDO official document again dishonestly changed Ms. Swati Srivastava qualification belive to be a forged M.Sc-Biotechnology instead of M.Sc in Environmental Biology. I hereby enclosed all related documents for your consideration and action.
I want the following information’s as under-
S.No INFORMATION SOUGHT REPLY

1. Is Ms.Swati Srivastava, Scientist “B”,DIPAS the daughter of Director DRDO, Mr.Arun Kumar ?  Yes/No

2. What was the eligibility subject of RAC Adv. No.66, item 34 ? Biotechnology/ Environmental Biology –  Yes/No

3. What was the subject qualification of Ms. Swati Srivastava in her M.Sc ? Biotechnology/Environmental Biology – Yes/No

4. Did RAC – DRDO,ADV.NO-66 Assessment sheet mentioned Biotechnology subject with the name of Ms.Swati Srivastava ?  –Yes/ No
5. Did promotion list of the DRDO mentioned Biotechnology subject with the name of Ms. Swati Srivastava ?  – Yes/No

I state that the information sought does not fall within the restriction in section 8 & 9 of the Act and to the best of my knowledge it pertains in the DRDO office contained & record. Above required information is directly related to corruption and not come under scheduled –II. I request to you please provide me the information by the speed post.

8. Brief facts of the case:-
I submitted my RTI application before the CPIO, DRDO, New Delhi on dt.03-10-2011. Cause for put up this application was the allegation of the corruption / misuse of the office during the selection of the scientist. CPIO reply is not satisfactory and not as per the law because the RTI is related with the allegation of the corruption and not exempted under section 24(1) of the RTI Act-2005.
In his reply CPIO mislead to me with the reference of Supreme Court civil Appeal no – 6454. However in this Supreme Court civil Appeal no – 6454,clearly mentioned that- “37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability.
The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption.”

I was not satisfied with the reply of CPIO,DRDO HQ, New Delhi, after that I submitted an appeal before FAA to take the information but the FAA / Transparency officer of DRDO dismissed the appeal and failed to provide the information with the ref. of second schedule of the RTI Act & section 24(1) of the RTI Act-2005.

9. Reasons/grounds for this appeal:-
1- That the RTI application is related with the public information because 63 participant were applied for the above mentioned scientist post after the publication of the advertisement in employment news paper .

Encl- (a)- List of the 63 participant applied for the post.
(b)-Employment advertisement no-66; dt-2/4/2004

2- That this information is directly related with the corruption and misuse of the office and not come under section 24(1) of the RTI Act because the required qualification for the post was M.Sc- Biotechnology, where as the qualification of Swati Srivastava is M.Sc in Environmental Biology. Her father Dr. Arun Kumar ,was the Addl.Director of the DRDO at that time. One RAC interview board external member of Ms. Swati Srivastava was her teacher. However Ms. Swati Srivastava was not completing the minimum eligibility qualification as published, then also she was selected with the criminal conspiracy of her father with board members of the RAC. Ms. Swati Srivastava, Dr. Arun Kumar and RAC board Chairman and Members did dishonesty and cheated all the participants who applied for the post and forged the official documents to select as a Scientist “B” to Ms. Swati Srivastava.

3- That the main object to take this information is to provide as an evidence before High Power Investigating Officer/ Commissions / High Courts in the interest of law and justice.

10. Any other information in support of appeal:-
This RTI information is required to proof a corruption during the selection. Secondly, In a RTI reply of the CPIO, DRDO HQ vide his letter no rti/01/2091/p/2011-12/005 dt 6/4/11 Ms Swati subject is environment biology however as per the seniority list for promotion as published on july 2010 page no.45 of DRDO official document Ms. Swati subject is M.Sc- Biotechnology.

Encl- (a)- RTI reply vide letter no-o rti/01/2091/p/2011-12/005 dt 6/4/11 Ms Swati subject is environment biology.
(2)- seniority list for promotion as published on july 2010 page no.45 of DRDO official document Ms. Swati subject is M.Sc- Biotechnology.

11. Prayer/relief sought for:-
I request your honor to pass an order to concern authority to provide the following information’s as under-

S.No INFORMATION SOUGHT REPLY
1. Is Ms.Swati Srivastava, Scientist “B”,DIPAS the daughter of Director DRDO, Mr.Arun Kumar ?
Yes/No
2. What was the eligibility subject of RAC Adv. No.66, item 34 ? Biotechnology/
Environmental Biology
3. What was the subject qualification of Ms. Swati Srivastava in her M.Sc ? Biotechnology/
Environmental Biology
4. Did RAC – DRDO,ADV.NO-66 Assessment sheet mentioned Biotechnology subject with the name of Ms.Swati Srivastava ?
Yes/ No
5. Did promotion list of the DRDO mentioned Biotechnology subject with the name of Ms. Swati Srivastava ?
Yes/No

I state that the information sought does not fall within the restriction in section 8 & 9 of the Act and to the best of my knowledge it pertains in the DRDO office contained & record. Above required information is directly related to corruption and not come under scheduled –II. I request your honor to pass an order to concern authority to provide the information’s by the speed post.
(2)- I request your honor to pass an order in favor of the applicant as deemed fit as an any relief .

Personal Presence at hearing:- — YES

Declaration:-

I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.
Place: MEERUT

Date: —————-
Signature of appellant