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

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To                                                                                                             9th December 2014
Honorable Shri Narendra Modi
Prime Minister
PMO, Room No -102 South Block
New Delhi-110011

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

Prabhu Dandriyal
www.corruptionindrdo.com
21-Sunderwala, Raipur.Dehradun-248008

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.

…Respondentsindex1

index2

index3

 

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.

…Respondentsevents1

 

events2

 

events3

 

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 15th 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:-
Uncategorized

Modi government removes DRDO chief to infuse young talent

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IndiaToday.in  New Delhi, November 28, 2014 | UPDATED 18:31 IST

Projects on unmanned reconnaissance aircraft and combat aircraft are underway, but there is a need to evolve a policy for inclusion of such systems into the armed forces, DRDO Director General Dr. Avinash Chander said.
Projects on unmanned reconnaissance aircraft and combat aircraft are underway, but there is a need to evolve a policy for inclusion of such systems into the armed forces, DRDO Director General Dr. Avinash Chander said.

The Narendra Modi government on Friday sacked Dr Avinash Chander as chief of the prestigious Defence Research and Development Organisation, asking him to retire with immediate effect.

Friday was the last day in office for Dr Chander, India’s senior most missile scientist and scientific advisor to the Defence Minister, who was to serve on extension till the end of 2015.

The government order is said to be in line with the Modi government’s policy to avoid extensions to government scientists in order to encourage a younger and fresher profile in the DRDO and other scientific organisations.

Padma Shri Dr Chander, the man behind Agni missiles, was appointed to the two posts in June last year. His research in innovative energy management guidance system formed the backbone of the
The Narendra Modi government on Friday sacked Dr Avinash Chander as chief of the prestigious Defence Research and Development Organisation, asking him to retire with immediate effect.

Friday was the last day in office for Dr Chander, India’s senior most missile scientist and scientific advisor to the Defence Minister, who was to serve on extension till the end of 2015.

The government order is said to be in line with the Modi government’s policy to avoid extensions to government scientists in order to encourage a younger and fresher profile in the DRDO and other scientific organisations.

Padma Shri Dr Chander, the man behind Agni missiles, was appointed to the two posts in June last year. His research in innovative energy management guidance system formed the backbone of the long-range missile system.

Dr Chander joined the DRDO in 1972 after graduating in Electrical Engineering from IIT-Delhi. He later got his MS in Spatial Information Technology from JNTU, Hyderabad. He is a recipient of numerous awards and honours, including DRDO Scientist of the Year and Agni Self-Reliance Award.

Drdo

Incurring the DRDO’s rath

11 Comments

It should disturb us all gravely that a motorised battery-powered chariot is the level of “technology” the DRDO feels proud to pass on.
25-11-2014
SHIV AROOR @shivaroor

I love this story. Everything about it numbs the brain. What I love best about it is that nobody could have made this up: An Indian military laboratory tucked away in a leafy Pune neighbourhood, tasked with building combat support vehicles, has built and supplied a gleaming battery-powered rath to the grateful Alandi Temple nearby. Correct. A chariot. For a temple. You see what I mean? Can’t make this stuff up.

Details sometimes kill a great story. In this case, they really crank up the W-T-F value.

The story emerged on the front pages of the New Indian Express which reported that the rath was built at a cost of Rs five crore and “donated” to the temple. The laboratory reportedly explained that the work was done as “seva” and that a scientist who apparently blew the whistle on what he felt was a totally improper use of public money and laboratory resources, was shunted and buried in a lower profile role in Nashik. The clincher now, the NIE report says, is that the Bombay High Court has stepped in and ordered the DRDO and MoD to explain what this rath business is all about. I know nothing beyond what’s been reported, so I decided to poke around. When I called a DRDO spokesperson asking him what the fuss was about, he fobbed me off. “It was done as seva. What is wrong if some military research helps some civilian cause also?” he asked. Well, plenty, I thought, but decided to sit on it. Let’s see just how farcical this can get. Other than a little hilarity and outrage on Twitter, the story hasn’t turned too many people on. That may change if the DRDO decides to officially comment.

First off, only an idiot would hope to find any justification at all for a public-funded combat vehicle research lab spending any resources (money, man-hours that could be better spent, materials, electricity) on a rath. Second, excuses like “seva” etc don’t hold. If the rath project eats into laboratory time or resources even slightly, it’s unacceptable. Period. Three, inappropriate diversions of this kind are an insult to the hundreds of DRDO scientists actually doing stellar, quality military research, even at the same laboratory. Indulgences of this kind hurt the reputations of scientists who have to work harder just to make up for the incompetence, laziness and vacuous sahib culture of their colleagues. Finally (and this is my favourite reason) it should disturb us all gravely that a motorised battery-powered chariot is the level of “technology” the DRDO is dabbling with and feels proud to pass on. As someone on Twitter pointed out to me, a small group of engineering kids could have built the thing in two months or less. (Less. Definitely less. Have you seen the stuff engineering students make these days?)

The Bombay High Court has better things to do than intervene in preposterous issues of this kind, but I for one would love to know how this one plays out, especially since the DRDO chief himself has been asked to explain. The DRDO chief is a good man, a strong missile scientist, who I hope will send out the right message. Because for far too long, the DRDO has gotten away never having to explain itself, always shielding itself with a pretend-patriotic forcefield, crying foul at the slightest criticism and accusing its detractors of being anti-nationals.

“Not just high-altitude chikki”. That was the title of the final column I wrote for the Indian Express before I left in 2007. The column welcomed a rare formal awakening within the government about the need to completely overhaul and reinvent India’s doddering, plagued and villified Defence Research & Development Organisation (DRDO). The government’s decision to find ways to kick the DRDO into a shape was, if not directly a result of, at least catalysed by a relentless eight-part series that the Express had frontpaged just days earlier, carefully picking apart the breathtaking incompetence and sense of entitlement that had allowed the DRDO to balloon into a nightmarishly out-of-control and wasteful organisation. The title of my parting column was a reference to the mind-boggling products the DRDO found (sigh, and still finds) the need to expend its energies on, instead of focusing on giving India its basic weapons. (The DRDO’s Defence Food Research Laboratory in Mysore actually researches, among other things, stabilised chikki and cashewnut burfi for troops at high altitude). DRDO chief at the time M Natarajan had written an letter to all employees asking them not to be affected by the “malicious news columns” that seek “distract us from our goal of self-reliance”.

Comment Writing about DRDO for almost exactly ten years now, the one thing I’ve noticed is that hilarity about its misadventures always diffuses into anger. The truth is, the organisation has nobody but itself to blame. Earlier this year, Prime Minister Modi chastised the DRDO at a public event, informing it that the world wouldn’t wait for it, and that delays in crucial weapons projects was unacceptable. The DRDO has enjoyed “friendly” defence ministries in the past, notably under AK Antony. Modi has signalled that the time for fun and games is over. The message is simple: That’s public money you’re using. Soldiers need the stuff you make. You don’t have a moment or a rupee to waste. Get your shit together. Now.

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NTRO tranfers officer for exposing corruption

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Dalip Singh | Mail Today | New Delhi, June 14, 2011

Suresh Sharma exposed corruption and nepotism in sensitive appointments made by top brass of NTRO. Read more at: http://indiatoday.intoday.in/story/national-technical-research-organisation-tranfers-officer-for-exposing-corruption/1/141405.html
Suresh Sharma exposed corruption and nepotism in sensitive appointments made by top brass of NTRO.

A senior official in the National Technical Research Organisation (NTRO) is facing the heat for blowing the whistle on corruption and nepotism in the premier intelligence body.

Director (establishment) Suresh Sharma was moved out of the NTRO’s Delhi headquarters after red-flagging large-scale irregularities in sensitive appointments made by the organisation brass.

The NTRO has been courting bad publicity following an as yet-unreleased report by the comptroller and auditor general (CAG), criticising the organisation for alleged irregularities in the purchase of UAVs (unmanned aerial vehicles).

The organisation, set up after the Kargil war to spruce up technical intelligence, reports to the National Security Adviser who is answerable directly to Prime Minister Manmohan Singh. The PMO has sought the NTRO’s response on the CAG report.
In January, about a month before he was moved to Bangalore, Sharma wrote to NSA Shiv Shankar Menon accusing senior adviser P. V. Kumar of aiding irregularities in the appointment of external pilots and scientists, among other posts. Recently, Kumar was elevated as the NTRO head.

The PMO had forwarded Sharma’s complaint for appropriate action to Kumar, then acting chairman of the NTRO. As nothing seemed to have come of it, the PMO sent a reminder on March 30 and asked for an action taken report.

India today2The PMO also constituted a single-member inquiry panel under Kumar to look into the complaints of irregular appointments. Strangely, the complaints were marked to Kumar despite the fact that the supervisory role of the NTRO chairman was not above board.

A detailed questionnaire was faxed to the NTRO chairman more than a week back, seeking his response on the serious charges against him and allegations of corruption in the premier organisation. However, Kumar refused to file a reply despite several reminders.

Sharma had alleged in his letter to the NSA that Kumar had attempted to water down the true findings of his inquiry panel. Sharma could not be reached for comments despite making several calls to Bangalore.

Sharma, who was holding the charge of additional controller (administration) in the NTRO, stated in his fivepage complaint that he had tried to apprise Kumar of the appointments violating all government norms and corruption in the organisation.

“A lot of pressure was mounted on me to change my notes but, as a dutiful officer of central government posted in a very sensitive organisation, I did not succumb to any such pressure,” he wrote.

The letter quotes several instances to give a glimpse of what is wrong in the NTRO. A group captain (retired) posted at the Dehradun aviation base was shielded despite complaints of corruption pending against him. As a cover-up exercise, the NTRO ordered an inquiry against him. But its establishment division suggested the probe report not be accepted as it did not follow government regulations. Once the objections were raised on the official file, it was never returned to the establishment division, Sharma alleged.

Two officers were employed on a contract basis in the organisation at the joint secretary-level. The NTRO, overlooking the PMO’s directive putting a cap on employment at 65 years’ age, wanted to extend their services. The NTRO suggested the two could be appointed at ‘job contract basis’, which too was illegal.

The CAG report is also believed to have taken note of the irregularities. But it is suspected the government is not willing to make the report public as it would open up a can of worms which would be difficult for the PMO to defend.

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Senior IAS officer sent to jail in recruitment scam in Odisha

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PTI Nov 8, 2014, 10.19PM IST – The Economic Times

BALANGIR: Senior IAS officer and former district magistrate-cum-collector Debraj Mishra was today remanded to 14 days’ judicial custody by a local court.

Additional district judge, Balangir, Santosh Kumar Behera, rejected the bail petition of Mishra when he was produced before him at his official residence as the original court was closed because it was the second Saturday of the month.

The 2001 batch officer was arrested yesterday on charges of his involvement in a scam relating to recruitment of Revenue Inspectors, Assistant Revenue Inspectors and Amins in Balangir district.

In September, the state government had suspended Mishra for alleged irregularities committed in the appointment of the revenue department posts during his tenure as Collector of Balangir district from August 2012 to July 2013.

Vigilance sleuths have seized a number of documents, besides about 300 grams of gold from his residence during a raid.

 

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Extension plea of top scientists rejected, govt bats for younger directors

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Manu Pubby New Delhi, November 4, 2014 | UPDATED 20:04 IST- Indiatodayin

The government has struck down a request by the DRDO to grant four of its top scientists a service extension with the Prime Minister stepping in personally to ensure that the organisation does not add to its massive bank of scientists who have been working well past their retirement age.

In a move that has brought cheer to the younger scientists of the organization, the PMO refused to entertain a request by the DRDO’s departmental peer review committee to extend the service of four of its lab directors beyond the age of 60 years.

In the past, recommendations of the peer review committee were routinely accepted by the government and in most cases scientists were given an extension of two years to four years. However, as reported by the India Today, the new government is keen to have a younger profile of scientists in the organization and has already expressed concern about the increasing age profile in a field that requires cutting edge technology and expertise.

Sources said that four scientists including Prof MP Kaushik (DRDE Director), Dr VC Padaki (DEBEL Director) and DS Sistla Ravind (LRDE Director) had been recommended by DRDO Chief Avinash Chander for an extension of service. While the file made it all the way through the appointments committee of cabinet, sources said that the request was turned at the Prime Minister’s desk. The DLRL Lab director is also not to get an extension of service.

Officials said that the decision not to grant an extension was taken as part of the government’s new policy to promote younger talent with PM Narendra Modi already instructing that at least five labs should have directors below the age of 35.

However, as things most top scientists at the Defence Research and Development Organisation (DRDO) who are tasked with creating weapons for future have passed the retirement age of 60 and are on service extensions.

The old age problem starts from the very head of the organization with DRDO chairman Avinash Chander already on two extensions. The previous government even approved a extraordinary contract to give Chander a 18-month contractual tenure from November when he turns 64, the maximum age till which service extensions can be given.

As reported by the India Today, most director generals at the headquarters and the heads of six of DRDO’s 54 labs and establishments are currently on extension. As many as 10 of the 16 top DRDO scientists are on extension. Internal surveys have found that nearly 87 per cent of the young scientists who join DRDO soon get disenchanted with the archaic, rigid structure of the research body that does not reward extraordinary performance with proportional career growth.

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Pranab Mukherjee, Narendra Modi ask people to use technology to fight corruption

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Press Trust of India | New Delhi October 27, 2014

President Pranab Mukherjee and Prime Minister Narendra Modi today called for making optimum use of modern technology in tackling corruption.

In his message on the beginning of ‘Vigilance week‘ starting today, the President said “use of modern technologies can play an important role in eliminating human interface in service delivery systems.”

Emphasising that it is a collective responsibility of citizen as well government officials to fight corruption, Mukherjee said corruption is a complex problem that needed multi-faceted action.

“One of them is the use of technology that can help promote openness and transparency,” he said and asked people to adopt technology initiatives in combating corruption to maximise benefits.

The Prime Minister stressed on the integrity of public servants. “It is needless to point out that integrity of public servants and transparency in public offices is utmost necessary in making transparent and efficient administration free of corruption,” Modi said.

“I appreciate the CVC’s outreach initiatives and endeavours to combat corruption with optimum use of technology,” he said.

Vice President Hamid Ansari said in his message that eradication of corruption from society is not only a legal obligation but also a moral duty of every Indian.

The vigilance awareness Week will be observed till November 1. The theme of the week is “Combating Corruption – Technology as an enabler“.

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PUBLIC OPINION & SURVEY ON CONTRACTUAL APOINTMENT OF SHRI AVINASH CHANDER AS DG,DRDO, SA TO RM & SECRETARY, DRD EVEN AFTER HIS RETIREMENT

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Sri Avinash Chander, Distinguished Scientist and Chief Controller Research & Development (Missiles & Strategic Systems) as Secretary, Department of Defence Research & Development–cum-Director General, Defence Research& Development Organisation and Scientific Adviser to Raksha Mantri vide letter No. 12/9/2013-EO(SM-I) dated 31st May 2013,Secretariat of Appointment Committee of Cabinet, DOPT, Ministry of Personal, Public Grievances and Pensions, New Delhi. [copy of order dated 31 May 2013  enclosed]

According to the said letter dated 31 May 2013 , The appointment of Shri Avinash Chander beyond his date of retirement i.e.30.1 1.2014 would be on contract basis with the same terms and conditions as he would be entitled to Secretary (DRD) before the date of retirement.

The Chief of DRDO is holding three post simultaneously DGR&D,DRDO, SA to RM and Secretary, DRD and having control over 30000 employees, 52 establishments and Rs. 15283 crore of public money.

The said appointment order of Sri Avinash Chander was illegal on the grounds-

(i)            Shri Avinash Chander is not having International Stature that is basic requirement for extension in service from age of 62-64 years; hence the extension in service beyond the age of 62 years to Sri Avinash Chander was illegal.

(ii)          appointment from Distinguished Scientist to Secretary is promotion cum appointment (promotions in extension in service is illegal as FR 56(d)

(iii)         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 replied to Parliament in the year 2012 that “there is no policy formulation for appointing the Secretaries in Union Ministries and Departments on contract”.

(iv)         According to News 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 15th Lok Sabha.

(v)          Orders for regular appointment and contractual appointment could not be clubbed in one order as both are totally distinct action as per recruitment rules.

(vi)         An official appointed on contract after retirement cannot function as Head of Office for all administrative & financial matters in the department. It is apparent from his appointment letter that he will exercise all administrative and financial powers on contractual appointment as he was having in his regular appointment before retirement.

In this matter several applications under RTI Act 2005 was filed to DOPT, Cabinet Sectt. , DRDO and MOD. In some applications vital information was provided by Government.

Recently on 06 August 2014, one DRDO scientist filed complaint to Hon’ble Prime Minister who is also the Chairman of ACC. The said complaint is under consideration to Cabinet Secretariat, Government of India.

India Today in its issue of 13 Oct 2014(English Edition) and 15 October 2014(Hindi Edition) published detailed News about post retirement appointment and extensions business in DRDO.

Besides several complaints against Sri Avinash Chander was filed by corruptionindrdo.com to Hon’ble Prime Minister regarding following matters.

  1. DEEMED SUSPENSION OF DR. G. MALKONDIAH, DS AND CCR&D (HR), DRDO AS under the provisions of Rule 10(2)(b) of CCS(CCA) Rules 1965, dated 06 Oct 2014.
  2. 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
  3. CORRUPTION IN DMSRDE (DRDO), KANPUR BY DR. ARVIND KUMAR SAXENA, DIRECTOR, dated 11 September 2014
  4. Non-Implementation of DOPT, Govt. of India, Office Memorandums regarding submission of IPR and put the same in Public Domain in Defence Research & Development Organisation, Min. of Defence, dated 28 July 2014
  5. The Appointment Committee of the Cabinet appointed Sh. Avinash Chander on contract basis, dated 27 May 2014
  6. Conspiracy and propaganda for reverse technology transfer to USA by forged TOT of EDK by DRDO under guidance of Shri Avinash Chander, DGR&D, DRDO and SA to RM, Secretary, DRD.
  1. डीआरडीओ में श्री अविनाश चन्दर, वैज्ञानिक सलाहकार की चल रही है जागीरदारी (Example of Sh Avinash Chander’s feudalism in DRDO) (Appointment of SK Patel case).

corruptionindrdo.com arranged a survey to know the view of DRDO  officials , Whether DRDO officials want that Sri Avinash Chander continues as SA on contract basis after 30th November 2014?

All Scientists, officers and officials of DRDO are requested to participate in the survey so that DRDO officials view and emotions could be put before the Government.

Above all the contractual appoint of Sri Avinash Chander a massage to whole world, that 125 crores of Indian doesn’t have a single capable scientist who can lead the DRDO, a big question to Modi ji government.

Regards

corruptionindrdo.comSA appointment order0001 (1)

 

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Narendra Modi government takes RTI to another level: All replies to be put online

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Aman Sharma, ET Bureau Oct 22, 2014, 02.20AM IST

(The Department of Personnel…)
NEW DELHI: It had been expected to dilute the UPA government’s showpiece Right to Information (RTI) Act that had become a scourge of sorts for its ministers and bureaucrats and was even blamed by some as a contributing factor for the policy paralysis during its reign. But the Narendra Modi-led BJP government has done the reverse and taken RTI to quite another level.

Starting next month, all replies given under RTI by ministries will be posted online, available for access to all and not just to persons seeking the information. This will mean unprecedented scale of disclosure and cheer transparency advocates, especially those in the NGO sector with whom this government has had a testy relationship. Until now, only the person filing the RTI application seeking replies from a ministry or a government department would get the reply and that too mostly via post.

The Department of Personnel and Training (DoPT) on Tuesday issued an official memorandum to all central ministries and departments directing them to take “immediate action” to ensure that “the facility to upload the reply to RTI application and first appeal on the website of the respective ministry or department” may be started from October 31. Replies to queries will be put up on ministries’ website and be available for all to view and not just the person behind the query.

The move has won the government plaudits. Satyanand Mishra, former Chief Information Commissioner, told ET that the step takes transparency under the RTI Act to “just another level.” “It is a very good and welcome step. It will not only improve transparency but also reduce workload of government officials as it will help eliminating possibility of repeated RTI queries on the same issue,” Mishra said.

“As far as person whose RTI reply is put online, someone seeking transparency in form of a RTI plea should not have any problem is government shows the same transparency and makes the reply to him public,” he added. Incidentally, the UPA government too had tried to do a similar thing and even passed instructions to this effect in April last year, but its move could never be implemented.

A DoPT official told ET that the Modi government was now implementing what could not be done by its predecessor, noting that the RTI Act had a specific provision for suo-moto disclosure of information. “Any person can now check a website to see what information has already been asked for and provided under RTI and hence the Ministry will be relieved of answering the same queries again and again. It will also bring transparency,” a senior DoPT official said, requesting anonymity.

The DoPT note to ministries, while exhorting disclosure, also warns them to exercise caution while dealing with information that could affect privacy of individuals.

“It may be noted that RTI applications and appeals received and their responses relating to personal information of an individual may not be disclosed, if they do not serve any public interest,” the note said.

On its part, the DoPT has already added, on a pilot basis, a new feature on its website that gives an option to all Central Public Information Officers to upload replies to RTI on its site. The PMO recently led by example by disclosing the details on number of staff, PM’s staff and also the assets of all central ministers.

The UPA birthed the RTI with great pride in 2005, but found itself bruised periodically by the transparency revolution it had unleashed. Some political storms triggered by the RTI during the UPA era include letters between Manmohan Singh and Sonia Gandhi on RTI amendments; in the telecom scam, the communication between Singh and the then-telecom minister A Raja; the exchange between the PM and the CJI on the declaration of assets by judges and letters from three sports ministers that flagged off the c o r r uption in the 2010 Commonwealth Games spending.

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Cabinet nod must for service extension of scientists

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TNN | Sep 27, 2014, 05.54AM IST
NEW DELHI: The Centre has made approval of appointments committee of the cabinet (ACC) mandatory for extending the service of scientists employed with the government, beyond their superannuation.

“All the scientific ministries/departments are hereby advised to take timely action for constitution of the departmental peer review committee (DPRC) for considering the cases for extension of service of specialists in medical or scientific fields, beyond the normal date of superannuation and ensure that the proposals seeking approval of the ACC be invariably submitted at least two months in advance of the date of superannuation,” the department of personnel and training said in an order.

The order pointed out cases where scientific ministries and departments have not taken timely action to reconstitute the DPRC, an expert body which meets biennially to consider cases of extension to scientists retiring over the next six months. The recommendations of the DPRC are then sent to the establishment officer for final approval by the ACC.
The note said an officer, in the absence of a specific approval of ACC towards extension of his services beyond the date of superannuation, should stand retired on the day of his superannuation. “Under no circumstances should the ministry/department concerned extend his services…unilaterally without the approval of ACC,” it said.