By Srinand Jha The Economics Times, Nov 23, 2017 A new kind of toilet using bacteria to break down human excreta has been deployed in Indian trains over four years to 2017, at a cost of Rs 1,305 crore, but this toilet is no better than a septic tank, the Indian Institute of Technology-Madras (IIT-M) has concluded after a two-year long study.
As many as 93,537 “bio-digesters” — as the toilets are called –have been installed in mainline express and mail trains by the Indian Railways. These are small-scale sewage-treatment systems beneath the toilet seat: Bacteria in a compost chamber digests human excreta, leaving behind water and methane. Only the water, disinfected later, is let out on the tracks.
However, sanitation experts and various studies — including those commissioned by the railways — have pointed out that most of the new “” are ineffective or ill maintained and the water discharged is no better than raw sewage.
“Our tests have found that the organic matter (human waste) collecting in the bio-digesters do not undergo any kind of treatment,” IIT professor Ligy Philip, who headed the latest study, told IndiaSpend. “Like in the septic tanks, these bio-digesters accumulate slush (human excreta mixed with water).”
The IIT-M study was sponsored by the Bill and Melinda Gates Foundation and submitted last week to the Union Ministry of Urban Affairs.
Despite the criticism, an additional 120,000 coaches are to be fitted with these bio-toilets, jointly developed by the Defence Research and Development Organisation (DRDO) and the Indian Railways, by December 2018. This is likely to cost Rs 1,200 crore, the railways revealed on November 2, in response to a Right to Information (RTI) request.
The bio-digester project began during the previous United Progressive Alliance regime. But the project has been speeded up under Prime Minister Narendra Modi’s Swachh Bharat campaign. The idea is to meet this target in time for the celebration of Mahatma Gandhi’s 150th
Indian Railways is often described as the world’s biggest toilet: It ejects around 3,980 tonnes of faecal matter — the equivalent of 497 truck-loads — onto rail tracks every day, according to a report released by the Comptroller and Auditor General (CAG) in 2013.
The network has 9,000 passenger trains with 52,000 coaches with toilets that discharge human waste on to rail tracks. Covering 65,500 km across the country, these trains transport 24 million passengers every day, the equivalent of the population of Australia.
Since 1993, the Indian Railways have been experimenting with a host of technologies used worldwide to replace the open discharge system. This included vacuum toilets based on suction, commonly seen in aircraft; “controlled-discharge” toilet systems (CDTS) which allow waste to be dropped only after a train acquires a speed of 30 kmph, thus keeping stations clean; and “zero-discharge” toilets, in which solid waste is stored, evacuated and then dumped in pits for composting and the liquid filtered for recycling.
In 2008, the railways decided to install the bio-digester model developed by the Gwalior-based Defence Research and Development Establishment (DRDE).
Responding to the criticism of the bio-toilet, government officials said that the flaws are being fixed. “The issues regarding the bio-digesters are of a minor nature and are being effectively addressed. Some changes (in design or execution strategies) are inevitable, as this is a continuous process,” said Saxena.
Lokendra Singh, former director of the DRDE, had, after an expedition to Antarctica, brought home psychrophilic bacteria that can survive in extremely low temperatures. The bacteria were mixed with cow dung and normal soil, which have methogens (micro-organisms that produce methane) capable of breaking down human excreta. This was then supplied to the manufacturers of rail bio-digesters
“Because of the presence of a compound of bacteria, the bio-degradation process is set off in the toilet chambers-the bacteria eat up the organic matter (human excreta) and produce methane gas and water as byproducts,” Singh said.
But Singh’s claims of a scientific breakthrough using the bacteria from Antarctica have been questioned on several grounds, including the fact that the bacterium, as Singh admitted, has not obtained an independent or a third-party certification from an organisation such as the UIC (Federation of European Railways
Also, DRDO does not have a patent for the design or manufacture of these bio-toilets. A patent is necessary to market a commercial product. DRDO only has a patent for the design of “railway toilet tank”, as the organisation’s website reveals.
This is not the first time the railways’ bio-toilet project has been criticised. A 2009 study jointly conducted by the Lucknow-based Research Designs and Standards Organisation (RDSO) and IIT-Kanpur concluded that no treatment of human excreta was happening in the bio-digesters installed in railway toilets.
“We had found the discharge from these toilets as being no different from raw sewage,” said IIT-K professor Vinod Tare, who had headed the study, which the Railway Ministry has not made public.
On September 14, 2004, DRDO scientist Y. Ashok Babu sent a letter to the then Chief Vigilance Commissioner, Pradeep Kumar, terming the bio-toilets “farce (sic) technology”.
Singh rejected these allegations. “Frustrated scientists who have never worked on the project are raising such issues,” he said. “Of course, there are some problems but these are being addressed by the railways.”
Singh, who has assumed charge as the chairman of the Digesters and Bio-Toilet Manufacturers Association (DBMA) after his retirement from DRDE this year, said questions of “conflict of interest” did not apply in his case, as he held only an “honorary position with the DBMA”.
Documents available with IndiaSpend suggest that there are serious issues with the bio-toilet venture. These were discussed at a high-level meeting convened by the Railway Board on October 26, with functionaries from 17 zones.
During the last three years of the last government (2011-14), 9,350 bio-toilets were fitted in trains but the figure rose by 539 per cent, to 59,735, in the first three years of the NDA government (2014-17). In the current financial year (2017-18), 24,215 bio-toilets had been fitted until August 30, bringing the cumulative figure to 93,537, the railways said in its RTI reply of November 2.
In this period, the cost of manufacture and fitment of bio-toilets climbed from an average of Rs 52,000 per unit to over Rs 75,000 per unit. After the imposition of the Goods and Services Tax (GST), this cost burden has spiked further, with the railways having to absorb the 18 per cent levy.
“Cost escalation is inevitable, as manufacturing costs have been rising,” said Manoj Jha of Faridabad-based Arkin Technologies that manufactures and supplies bio-digesters to the railways.
In response to an RTI appeal from Dehradun-based activist Prabhu Dandriyal, the railways stated that the Hubli workshop of South Western Railways had been supplied 2,152 toilets at a cost of over Rs 22 crore during the financial year 2016-17. Based on this calculation, the current cost being borne by the railways works out to more than Rs 100,000 per unit.
By the time the task is completed, the railways are likely to exceed their budget of Rs 1,200 crore for additional bio-toilets. Arvind Dethe, a bio-toilet manufacturer based in Akola in Maharashtra, has been selling a similar toilet at Rs 6,000.
By ABHINANDAN MISHRA | New Delhi | 21 August, 2016 -The Sunday Guardian
Some scientists working with the Defence Research Development Organisation (DRDO) have questioned the veracity of the claim that the DRDO uses bacteria brought from Antarctica in its much-talked about bio-toilets that are being installed in railway coaches and public places. According to these scientists, who have filed a complaint with the Chief Vigilance Commission seeking an inquiry into the claims being made by DRDO, the defence outfit is using cow dung in its bio-toilets.
The bio-toilets that are being developed by DRDO’s Gwalior-based Defence Research and Development Establishment (DRDE) and the Tezpur-based Defence Research Laboratory (DRL), use anaerobic microbial bacteria to decompose and convert biological human excreta into usable water and gases.
DRDO has claimed that the anaerobic bacteria used in these toilets have been imported from Antarctica and that they can effectively function in extreme conditions and temperature ranging from -6 degree Celsius to 50 degree Celsius. However, scientists with DRDO have claimed that the imported bacteria cannot survive in high temperatures.
“These bacteria need a certain amount of heat (from 0 degree C to 5 degree C) to work efficiently and this was the reason why many such bio-toilets installed at Siachen for the Army are now useless as these could not function for the lack of heat. The DRDO, which has been claiming that it was using imported bacteria, is now forced to use cow dung in its bio-toilets,” said senior DRDO scientist Dr Y. Ashok Babu, who has lodged a complaint with the Central Vigilance Commissioner (CVC) and sought a probe in the matter. Ashok claimed that the whole thing is a farce and certain people within the organisation want to make easy money by making the government believe that they were using a sophisticated technology in their bio-toilets.
Another senior scientist working with DRDE, Gwalior, told this newspaper: “They are using cow dung rather than bacteria brought from Antarctica. The Defence Minister can independently speak to any microbiologist in the country and he will get to know the entire story.”
Earlier this month, Defence Minister Manohar Parrikar, while replying to a question in the Rajya Sabha, had stated that cow dung was being used in bio-toilets to multiply the bacteria from Antarctica, which was being used primarily. His response was based on the information provided by the DRDE.
Ashok Babu, however, clarified that “DRDE is claiming that it is using a ‘consortium’ of bacteria brought from Antarctica in the bio-toilets but the truth is that it brought a single species of bacteria and is now passing off a bacteria found in cow dung as bacteria from Antarctica. The Defence Minister should ask the concerned scientists in DRDE to list out each bacterium in the ‘consortium’ of bacteria; this will bring out the truth. After their attempts to impress the Army at Siachen by building bio-toilets failed, they are now trying to sell them to Indian Railways.”
By Hemant Kumar Rout – BALASORE/BHADRAK Published: 14th August 2012 11:45 AM
Union Minister for Rural Development, Drinking Water and Sanitation Jairam Rameshs’s ‘India Dream’ to free the country – the rural populace in particular – from open defecation, seems to have faced a setback with people unwilling to use DRDO made Bio-toilets raising a stink.
Villagers have blamed the DRDO for poor quality installation work near Dhamarai temple as one portion of the toilet has depressed and its fiber body disfigured. Express photo.
After launching the bio-digesters in Odisha’s Dhamra village, close to Wheeler Island from where India test fires its all long range missiles, the Minister on June 24 even called it no less important than the Agni missiles. Today, the bio-toilets stand abandoned. The villages are reluctant to use it claiming that they lack required facilities.
The e-age toilets were formally launched at a glittering function by the Defence Research and Development Organisation (DRDO) in association with the Federation of Indian Chambers of Commerce and Industry (FICCI) at Dhamra in Bhadrak district.
The toilets are so small and air-tight that a person feels suffocated after a few minutes. There is no system for air circulation, says villagers. PTI photo
While initially at least six bio-toilets, christened as eco-friendly loo (ELoo) were installed in five villages in Dhamra and Basudevpur areas, the DRDO had assured to install more such toilets along the 90-km Jamjhadi-Dhamra stretch. Though the DRDO claimed that these toilets were opened for public use after their successful trials in Siachen and Jammu and Kashmir, people here are not ready to buy it.
Malati Majhi, a villager from Dhamra said the toilet installed in the village lacks water supply and proper ventilation. “It does not have a window or a space for ventilation. As the inside area is inadequate, it is difficult to sit there. The toilet was used only for a couple of days after their installation. We don’t use it now for its stinking smell,” she said.
The Minister too had expressed his dissatisfaction over the lack of ventilation facilities in these toilets during the inauguration. The loos are so small and air-tight that a person feels suffocated after a few minutes. There is no system for air circulation as these are fully covered with fiber body.
The technology used to develop the bio-toilets is anaerobic processing system that treats excreta, typically with small volumes of flush water. This is usually a better process than the aerobic decomposition, which requires supply of oxygen either as compressed air or by agitation and process culminates into water and CO2.
The Bio-digester technology has been developed by Gwalior based Defence Research and Development Establishment (DRDE) and Tezpur based Defence Research Laboratory (DRL) which claimed the ELoos can effectively function in extreme conditions and temperature ranging from – 6 degree C to 50 degree C.
As per the claims of the DRDO, there is a bio-digester underneath where the temperature is maintained at 5 to 30 degree Celsius and the Psychrophile bacteria break down the waste. There is no foul smell, disease-carrying organisms or solid matter. The bio-gas is released into the air continuously and the residual liquid can be drained without any ill effect.
A local Bikartan Behera said no such degradation is done here. “Every time bad smell is coming out from the toilet making it unviable for use. People have to carry water from a faraway place to use the toilet, which is not possible always. The facilitator needs to equip the toilet with water supply,” he said.
The villagers also have blamed the DRDO for poor quality installation work near Dhamarai temple as one portion of the toilet has depressed and its fiber body disfigured. A retired defence employee N K Sahu said the bio-toilets were first tried between 1993 and 1998. However, systems failed because of foul smell, breeding of cockroaches and flies, maintenance requirement, need for daily addition of bio-enzymes.
“But now though the DRDO claims to have used the bacteria Psychrophile in the toilets, but the loos should be made user friendly with spaces for ventilation and round-the-clock water supply. Or else it would be left unused,” he said.
Local defence officials though admitted the shortcomings in these toilets, but none agreed to comment on it. They said all the problems would be sorted out soon and more toilets installed in the area to curb the habit of open defecation.
A 25 years old Junior Research Fellow has filed a complaint against D Majumdar, additional director of DIPAS, of making sexual advances.
NEW DELHI: After well known environmental scientist Dr R K Pachauri faces allegations of sexual harassment by his junior woman colleague, a senior scientist of the Defence Research and Development Organisation (DRDO),the country’s premier defence research body, too is facing similar charges by a junior researcher.
A 25 year old Junior Research Fellow has accused 59 year old Dr D Majumdar, the additional director of the DRDO’s Delhi based Defence Institute of Physiology and Allied Sciences (DIPAS), of sexually harassing her. Taking cognizance of the woman’s complaint, Majumdar has been shunted out in ‘public interest’ following the recommendations of a high level committee, which was set up by the DRDO, to look into the allegations
According to official sources, the woman, who joined DIPAS in December last year, filed a complaint with the head of the organisation in February. In her complaint to Dr Shashi Bala Singh, Director, DIPAS, the woman accused Majumdar of making sexual advances towards her and she also sought her transfer from the particular group of Ergonomics. The woman alleged that Majumdar used to sexually harass her on his office premises. Over 40 other fellow researchers also came in support of the woman complainant and gave their representation against Majumdar. Subsequently her complaint was forwarded to the DRDO headquarters and a five member committee headed by Hina Gokhale, Director HRD of the DRDO, was formed to look into the allegations, as per the Vishakha Guidelines formulated by the Supreme Court.
Majumdar, who is retiring by the end of 2015, has been transferred to a Gwalior based laboratory where he has been directed to report by March 16. When contacted, Majumdar defended himself and said that the allegation was a conspiracy. “I completely denied such allegations and it is a conspiracy to defame me. Surprisingly, hours after appearing before the committee on March 3, I received my transfer orders from the headquarters,” said Majumdar, Scientist G of the DRDO, which is equivalent to a Joint Secretary rank officer. While deposing before the committee, he reportedly handed over six testimonials from junior scientists in his favour.
However, the complainant didn’t comment. When contacted, Dr. Shashi Bala Singh said, “I will not be able to make any comment on it. Please contact my headquarters.”
But DRDO Spokesperson Ravi Gupta said, “We (DRDO) follows strict regulations, whenever such allegations come out in the department. Since in this matter, a committee is already constituted and looking into the matter, it would be inappropriate for me to comment on its proceedings.”
Experiment with Controversies DIPAS was recently in the news for carrying out a study for faster deployment of troops for high altitude operations in case of war like situation, which was rubbished by the Indian Army. In fact, army severely criticised the methods adopted by the DIPAS scientists to collect data sample for its study. DIPAS was set up after the Indo China war in 1962 with the thrust area identification of high altitude physiology, nutrition and biochemistry of human in and also with the urgent need felt for ergonomic assessment of workstations and machine interface. The laboratory carries out various researches and studies to look into the aspect of high altitude warfare.
Dr Vijay Veer, Director, DRL, Tezpur and Dr AK Singh, DOP, DRDO Hqrs have taken a joint project in DRL on not giving transfer even after completion of tenure. They are trying their best to fulfil their ego even when Honourable CAT, Guwahati has ordered the same. Both are putting all efforts to harass their fellow colleagues. Had they even ask their conscience regarding that? I think the answer is no. From the history we know that there is always a rise and fall of dynasties. We do not know what will be the future of them.
This CAT, Guwahati Bench order no. 317/2014 is another example of their joint venture. In this connection, I would like to draw your kind attention another CAT, Guwahati Bench order no. 49/2010.
Kindly see the point 9 and 10 of CAT, Guwahati Bench order no. 49/2010. It is very important judgement.
CENTRAL ADMINISRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 49 of 2010
Date of Decision: This, the 15th day of March, 2010.
HONBLE SHRI MADAN KUMAR CHATURVEDI, ADMINISTRATIVE MEMBER
Shri R.Periasamy
Sub-Divisional Engineer
Meghna Division
Central Water Commission
Silchar-788 006
Dist: Cachar, Assam.
Applicant
By Advocate: Mrs. U.Dutta
-Versus-
The Union of India represented by the Secretary
Ministry of Water Resources
Govt. of India, Rafi Marg, Shram Shakti Bhawan
New Delhi – 110 001.
The Chairman
Central Water Commission
Sewa Bhawan, R.K.Puram
New Delhi-110 066.
The Member (WP&P)
Central Water Commission
Sewa Bhawan, R.K.Puram
New Delhi-110 066.
The Chief Engineer (HRM)
Central Water Commission
Sewa Bhawan, R.K.Puram
New Delhi-110 066.
.. Respondents
* * * * * * * *
O R D E R (ORAL)
MADAN KUMAR CHATURVEDI, MEMBER (A):
Applicant is aggrieved against letter dated 06.07.2009 which
reads as under :-
To
The Superintending Engineer (C)
Office of the Chief Engineer B&BBO4/16/2014 Untitled Page
http://judis.nic.in/judis_cat/detail.aspx 2/4
Central Water Commission
Rebekka Ville, Barik Point
Temple Road, Lower Lachumiere
Shillong.
Sub: Representation for transfer of Shri B.Jayakumar,SDE reg.
Sir,
I am directed to refer to your letter o.1/4/(G)/2006-BBB/1972 73, dated 4-6-2009 on the above mentioned subject and to say that after careful consideration of the same the competent authority has not agreed to the requests of S/Shri B.Jayakumar, R.Shankarpandian & R.Periasamy, Sub Divisional Engineers for their transfer from B&BBO, Shillong to C&SRO, Coimbatore.
Adverting to the facts I find that applicant initially joined as Junior Engineer under Central Water Commission on 25.01.1979. After serving at different places, he was eventually transferred from Chennai to Meghna Division, Silchar on 04.07.2007 and has since been continuing in the same station.
The Government of India, Ministry of Finance vide its O.M. No.20014/3/83-E.IV, dated 14.12.1983 granted some incentives to various categories of Central Government employees for serving in North Eastern States of India. Said O.M. provides, inter alia, that there will be fixed tenure of posting of 3 years at a time for officers with 10 years service or less and 2 years at a time for officers with more than 10 years. Officials on completion of fixed tenure of service may be considered for posting of their choice as far as possible. Applicant has completed more than 20 years of service for respondents organization. He joined at Silchar (Assam) on 04.07.2007 and completed prescribed tenure of 2 years in N.E.Region on 04.07.2009. As such he became entitled to his choice place of posting.On 17.01.2009 applicant has given choice place of posting as under:-
By Advocate: Mrs. U.Dutta
-Versus-
The Union of India represented by the Secretary, Ministry of Water Resources
Govt. of India, Rafi Marg, Shram Shakti Bhawan, New Delhi – 110 001.
The Chairman Central Water Commission, Sewa Bhawan, R.K.Puram, New Delhi-110 066.
The Member (WP&P),Central Water Commission, Sewa Bhawan, R.K.Puram, New Delhi-110 066.
The Chief Engineer (HRM), Central Water Commission, Sewa Bhawan, R.K.Puram, New Delhi-110 066.
.. Respondents
* * * * * * * *
O R D E R (ORAL)
MADAN KUMAR CHATURVEDI, MEMBER (A):
Applicant is aggrieved against letter dated 06.07.2009 which reads as under :-
To
The Superintending Engineer (C)
Office of the Chief Engineer B&BBO4/16/2014 Untitled Page
http://judis.nic.in/judis_cat/detail.aspx 2/4
Central Water Commission
Rebekka Ville, Barik Point
Temple Road, Lower Lachumiere
Shillong.
Sub: Representation for transfer of Shri B.Jayakumar, SDE reg.
Sir,
I am directed to refer to your letter o.1/4/(G)/2006-BBB/1972 73, dated 4-6-2009 on the above mentioned subject and to say that after careful consideration of the same the competent authority has not agreed to the requests of S/Shri B.Jayakumar, R.Shankarpandian & R.Periasamy, Sub Divisional Engineers for their transfer from B&BBO, Shillong to C&SRO, Coimbatore.
Adverting to the facts I find that applicant initially joined as Junior Engineer under Central Water Commission on 25.01.1979. After serving at different places, he was eventually transferred from Chennai to Meghna Division, Silchar on 04.07.2007 and has since been continuing in the same station.
The Government of India, Ministry of Finance vide its O.M. No.20014/3/83-E.IV, dated 14.12.1983 granted some incentives to various categories of Central Government employees for serving in North Eastern States of India. Said O.M. provides, inter alia, that there will be fixed tenure of posting of 3 years at a time for officers with 10 years service or less and 2 years at a time for officers with more than 10 years. Officials on completion of fixed tenure of service may be considered for posting of their choice as far as possible. Applicant has completed more than 20 years of service for respondents organization. He joined at Silchar (Assam) on 04.07.2007 and completed prescribed tenure of 2 years in N.E.Region on 04.07.2009. As such he became entitled to his choice place of posting.
On 17.01.2009 applicant has given choice place of posting as under:-
OPTED STATIONS/REGIONS:-
3). Delta Sub Division-Karikkal under C&SR Region-Coimbatore To buttress the claim following reasons were adduced:-
1). My 75 years old mother staying with my family. She needs constant medical care. Hence my
presence is required at Chennai.
2). I have 27 years Son & 23 years Daughter at Chennai, to fix suitable alliance, as a father my presence is very essential.
It is palpable from the perusal of impugned letter dated 06.07.2009 that request made by applicant was turned down without assigning any cogent reason. Mrs.U.Dutta, learned counsel for applicant strongly relied on the decision of this Bench rendered in the case of Sanjay Garg vs. Union of India in O.A. No.175 of 2009 dated 04..02.2010. Relevant portion of said judgment is reproduced below:-
We have heard the rival submissions. It is stipulated in the office memorandum dated 14.12.1983 that officers on completion of the fixed tenure of service in the State or Union Territories of North East Region may be considered for posting to a station of their choice as far as possible. May is an auxiliary verb qualifying the meaning of another verb by expressing ability, competency, liberty, permission, possibility, probability or contingency. Regardless of the instrument however, whether Constitution, statute, deed contract or whatever, Courts not infrequently construe may as shall or must to the end that justice may not be the slave of grammar. However, as a general rule, the word may will not be treated as a word of command unless there is something in context or subject matter of act to indicate that it was used in such sense. It appears that to attract competent officers to serve in the North East Region the provision for choice transfer was made. Right to give a choice was bestowed on the employees. Once a right is created it cannot be disturbed without any legal justification. Jurisprudentially, speaking right is an interest, protected under the law. The justification which is given by the respondents qua, the non consideration of choice is correct in the context of normal transfer rules but when it is stipulated that officer on completion of fixed tenure of service at North East
Region may be considered for posting to a station of their choice, it is incumbent on the authorities concerned to accommodate the officer at the place of his choice as far as possible. However, for some reasons, if such posting is not possible, opportunity of being heard, must be provided and detailed order should be passed stating the reasons as to why the concerned officer could not be accommodated at the place of his choice.
Transfer can uproot a family, cause irreparable loss to an employee and drive him into desperation. It disrupts education of his children and leads to numerous other complication and problems and cause hardship and demoralization. It therefore follows that policy of transfer should be reasonable and fair and should apply to everybody equally. It cannot be gain said that transfer is an exigency of service and may be ordered for administrative reason and the employer is the best judge in this regard. In a Welfare State to maintain the rule of law attempt should be made to ensure fairness and equality of treatment, arbitrariness should be avoided at all cost. The proposition that who will be posted where is within the discretion of the authorities in control of the matter, is not absolute. It is subject to the limits of law. By serving in the North East Region applicant gained right of consideration for posting to a station of his choice. This fact was not correctly appreciated by the respondents.
The obligation which emanated out of the assurance given to the employee for coming to North East Region was not properly discharged. The issue was not examined in the right perspective. The rule of audi alteram partem (no one should be condemned unheard) was not followed. Taking into consideration the entire conspectus of the case, we direct the respondents to accommodate the applicant at the place of his choice within four months from the date of this order. Meanwhile applicant be not disturbed from the place of his present posting.
I find that facts of the present case are squarely covered by the ratio of the aforesaid ruling. In the present case also I find that obligation which emanated out of the assurance given to the employee for coming to North East Region was not properly discharged. The issue was not examined in right perspective. The rule of audi alteram parterm (no one should be condemned unheard) was not followed. Respondents did not assign any reason in rejecting the request for choice posting. Having regard to the facts, I direct the respondents to accommodate the applicant on the place of his choice within a period of four months from the date of receipt of order. Meanwhile, applicant be not disturbed from his present place of posting.
In the result, O.A. stands disposed of accordingly. No costs.
(MADAN KUMAR CHATURVEDI)
MEMBER (A)
/BB/
O.A.49 of 2010
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00317/2014
Date of Order: This, the 08th Day of September, 2014
THE HONBLE SMT. MANJULA DAS, JUDICIAL MEMBER
THE HONBLE MOHD. HALEEM KHAN, ADMINISTRATIVE MEMBER
Dr. C. Rajendran,
Scientist D,
Defence Research Laboratory,
Defence Research & Development Organization,
Post Box No.2, Tezpur,
Assam-784 001.
Applicant
By Advocates: Mrs.U.Dutta & Mr.C.S.Hazarika
-Versus-
The Union of IndiaRepresented by the Secretaryto the Ministry of FinanceSouth Block, New Delhi-110001.
The Director General,Defence Research & Development Organization,Ministry of Defence, Govt. of India, DRDO Bhawan, Rajaji Marg, New Delhi 110 105.
The Director,Directorate of Personnel,Defence Research & Development Organization, Ministry of Defence, Govt. of India, DRDO Bhawan, Rajaji Marg, New Delhi 110 105.
The Director, Defence Research Laboratory, Defence Research & Development Organization, Post Box No.2, Tezpur, Assam-784 001. Respondents
Advocate:
O R D E R (ORAL)
MANJULA DAS, JUDICIAL MEMBER:
By this O.A., applicant makes a prayer to direct the respondent to consider his choice posting in any of the stations of his choices, namely Coimbatore, Chennai, Mysore or Gwalior.
Mrs. U.Dutta, learned counsel appearing on behalf of the applicant submitted that applicant has joined as Scientist B for the post Parasitology (Microbiology) in Defence Research Laboratory, Tezpur on 07.01.2004. He was promoted to the grade of Scientist C from 01.07.2007 and further to the grade of Scientist D on 01.07.2014 and he has been continuing at Tezpur as such.
According to the learned counsel, applicant is a permanent resident of village Chathirappatti, Thanjvur district of11/15/2014 Untitled Page http://judis.nic.in/judis_cat/CaseNo_Cat_Result.aspx 2/3 Tamilnadu and he has completed his fixed tenure of 3 (three) years in the N.E. Region way back in 2007 and on completion of his fixed tenure of posting at N.E. Region, he is entitled to any of his choice place of posting. To buttress her argument, learned counsel has drawn our attention to Clause (i) of the O.M. dated 14.12.1983 which reads as under:-
(i) Tenure of posting/deputation:
There will be a fixed tenure of posting of 3 years at a time for officers with service of 10 years or less and of 2 years at a time for officers with more than 10 years of service. Periods of leave, training, etc. in excess of 15 days per year will be excluded in counting the tenure period of 2/3 years. Officers, on completion of the fixed tenure of service mentioned above, may be considered for posting to a station of their choice as far as possible. The period of deputation of the Central Government employees to the States/Union Territories of the North Eastern Region will generally be for 3 years which can be extended in exceptional cases in exigencies of public service as well as when the employee concerned is prepared to stay longer. The admissible deputation allowance will also continue to be paid during the period of deputation so extended.
According to the learned counsel, aforesaid beneficial provision was subsequently extended by the O.M.s dated 01.12.1988 and 22.07.1998.
According to the learned counsel, applicant’s mother who is a widow is staying alone in his native village and has been suffering from various heart related problems since several years and there is no one to look after her. Applicant being the eldest son in his family has not been unable to look after her in her need as applicant is posted far off place. That apart, according to the learned counsel during his stay at Tezpur, applicant, his wife and son had developed certain ailments due to extreme weather and climate do not suited them.
According to the learned counsel, due to the aforesaid compelling reasons applicant submitted various representations before the respondents i.e., on 07.04.2008, 12.06.2008, 02.05.2011, 12.09.2012, 13.05.2013, 02.07.2013, 11.07.2013, 23.07.2013 and 24.07.2014 seeking posting in any of the choice places, namely Gwalior, Coimbatore, Chennai or Mysore upon completion of his fixed tenure in N.E.Region, but the respondents have not considered any of his representations till date.
Learned counsel further submitted that as many as five Scientists, namely Dr. Mehbuba Begum, Shri Y V S Rao, Dr.Jubilee Purkayastha, Dr. Anurag Pandey and Dr. Gaurav Agnihotri, who have jointed at DRL, Tezpur much later than the applicant, have been transferred out to their choices out of N E Region, but in an arbitrary and unreasonable manner the respondents, the respondents have not yet transferred the applicant to any of his choice places despite completion of his tenure at N.E. Region.
We have heard the learned counsel for the applicant, perused the pleadings and material placed before us.
Clause (i) of the OM dated 14th December 1983 prescribes that there will be a fixed tenure of posting of 3 years at a time for officers with service of 10 years or less and of 2 years at a time11/15/2014 Untitled Page http://judis.nic.in/judis_cat/CaseNo_Cat_Result.aspx 3/3 for officers with more than 10 years of service. It was further prescribed therein that – officers, on completion of the fixed tenure of service mentioned above, may be considered for posting to a station of their choice as far as possible. The said OM confers a right upon the applicant to be considered for being posted at his place of posting as far as possible. Applicant has completed his tenure of three years in 2007 at DLR, Tezpur. Upon completion of his fixed tenure in N.E.Region, applicant has opted for 4 choice places of posing, namely, Gwalior, Coimbatore, Chennai or Mysore in his representations, the respondents ought to have considered his request, inasmuch as applicant has been continuing at DLR, Tezpur for more than 7 years even after the completion of his tenure.
In the case of Union of India vs. Dr. Umesh Kr. Mishra WA No. (SH) 17/2012, Honble Gauhati High Court has held that Fairness requires that if a policy has been laid down, the same may be deviated from only if there is any reason to do so. If no reason is forthcoming, the exercise of power of transfer in violation of a laid down policy may be held to be arbitrary. This Tribunal in its decisions rendered in the cases of S K Garg v. UOI & Ors (OA.179/2009 and R.Periasamy v. UOI & Ors (OA.49/2010) held that it was incumbent on the authorities to accommodate the officer at the place of his choice after completion of his fixed tenure and if such posting is not possible opportunity of being heard must be provided and detailed order should be passed stating the reasons as to why the concerned officer could not be accommodated at his place of choice.
Therefore, the respondents ought to have considered the case of the applicant for his posting at any of his 4 choices after completion of his tenure at N. E. Region and in the event of their inability to accommodate him at any of his places of choice; reasoned order ought to have been passed after affording him a reasonable opportunity of being heard. Such steps having not taken, it is a fit case to direct the respondents to consider the case of the applicant for his posting in any of his 4 choices.
For the reasons, narrated above, we direct the respondents to consider his transfer to any of his choice places, namely, Gwalior, Coimbatore, Chennai or Mysore subject to the availability of vacancy in the light of the aforesaid OMs as well as the observation made hereinabove, as expeditiously as possible, but not later than a period of four months from the date of the receipt of this order.
O.A. stands disposed of accordingly at the admission stage. No order as to costs.
(MOHD. HALEEM KHAN) (MANJULA DAS) ADMINISTRATIVE MEMBER JUDICIAL MEMBER
जागरण ब्यूरो, नई दिल्ली : रासायनिक हमले व हथियारों की जांच के लिए खरीदे गए विदेशी उपकरण सेना की फांस बन गए हैं। सारा पेंच उपकरणों की खरीद से पहले और बाद में कराए गए परीक्षणों के नतीजों को लेकर है। कंपनी और सेना मुख्यालय के बीच सौदे की परफार्मेस बैंक गारंटी को मामले के निपटारे तक बढ़ाने पर रजामंदी बन पाई है।
सूत्रों के मुताबिक उपकरणों की खरीद से पहले अंतरराष्ट्रीय प्रयोगशाला में हुए परीक्षणों को स्वीकार कर लिया गया था। हालांकि, बाद में सेना ने रक्षा अनुसंधान और विकास संगठन की प्रयोगशाला (डीआरडीओ) में भी इसकी जांच की। डीआरडीओ के नतीजे ही इस विवाद की जड़ हैं, क्योंकि इसके बाद ही सेना ने उपकरणों को तापमान और आद्र्रता के पैमानों पर निष्प्रभावी करार दिया।
उपकरण निर्माता फिनलैंड की कंपनी इनवायरॉनिक्स डीआरडीओ की प्रयोगशाला में हुए परीक्षण को चुनौती दे रही है। कंपनी अंतरराष्ट्रीय प्रयोगशाला में इसके परीक्षण को लेकर भी हीला-हवाली कर रही है। यह सवाल अहम है कि आखिर किन परीक्षणों के आधार पर उपकरणों की खरीद को हरी झंडी दी गई। साथ ही खरीद से पहले डीआरडीओ प्रयोगशाला में परीक्षण क्यों नहीं किए गए?
इस सवालों पर सेना मुख्यालय की चुप्पी के बीच करोड़ों रुपये की खरीद अब बेकार हो गई है। भारत ने 2009 और 2010 में करोड़ों रुपये की लागत से जहरीले रसायनों का पता लगाने वाले उपकरण खरीदे थे।
Budgetary Priceapproximately $9,500
Purchase Price – Rs 100000/- each in bulk purchase (more than $ 16000/each)
Army has purchased instrument ICAD Chempro 100i (Qty: 999 No’s, Make: Environics) against contract nos B/28704/NBC-4C/ICAD/GS/WE-6 Dated 23 Jun 2009 and B/28704/NBC-4C/Option/ICAD/GS/WE-6 dated 26 Mar 2010 for approximately 100 Crore (INR). This instrument detects the chemical warfare agents and is of utmost importance for the defence services. Having cleared the payment after the delivery, it was found that all these instruments failed to perform as per the specification and have technical problems. It is evident from the letter enclosed that performance related issues were raised in Nov 2012 and since then no action has been taken. Few officials are trying to cover up the issue by changing the specification instead of taking 100 Crore back.
As per the information gathered from the sources, these instruments were first purchased by M P Kaushik from DRDE Gwalior (A DRDO Laboratory and Nodal Agency in Chemical Warfare). Satisfactory working certificate were given to the company and payment was cleared. Later Army gave the contract. It seems that with the help of M P Kaushik few official of army has executed this act.
Environics’s reply regarding non function of Chempro100iEnvironics’s reply regarding non function of Chempro 100iProf. Dr M P Kaushik,Director,DRDE, DRDO, Gwalior
विषय : 60 साल उपरांत सेवा विस्तार के नियम का विभिन्न संस्थानों द्वारा अयोग्य, अक्षम व्यक्तियों की संस्तुति कर दुरूपयोग करने के सन्दर्भ में
माननीय श्री प्रधानमंत्री जी आपने इस महत्वपूर्ण विषय में ध्यान देकर इस दुरूपयोग रोकने के लिए आदेश भी दिए परन्तु यह बड़े खेद का विषय है कि कार्मिक विभाग आपके आदेशो को समुचित प्रभाव से कार्यान्वित करने में ढीलम ढाल कर रहे।
डीआरडीओ के श्री अविनाश चन्दर, वैज्ञानिक सलाहकार द्वारा अयोग्य, अक्षम व्यक्तियों की संस्तुति करना लगातार जारी है। डी आर डी ई, ग्वालियर के निदेशक महोदय प्रोफ डा एम पी कौशिक जोकि इस 31 अक्टूबर 2014 को रिटायर हो रहे हैं वह अभी दिल्ली में श्री अविनाश चन्दर के चरण वंदना में लगे है कि किसी भी तरह उनको सेवा विस्तार दिला दे या फिर कोई चेयर, फेलोशिप, कॉन्ट्रैक्ट या कुछ भी दिला दो।
बदले में वो क्या कर सकते है उसकी एक झलक देखिये, एन बी सी वारफेयर के हेड होने के नाते डा एम पी कौशिक ने एक विदेशी यंत्र (ICAD Chempro100i Make: Environics) जोकि विषाक्त केमिकलो का तुरंत प्रभाव से पता लगा लेता था का आयात करा और उसकी गुणवत्ता को देख कर सेना ने 999 संख्या में 100 करोड़ रुपये की इस यंत्र की खरीद जोकि सामान्य से दुगनी से ज्यादा कीमत थी। यंत्र की सेना में विदेश से आप्पूर्ति के बाद पता चला है की यह यंत्र हमारे देश की क्लाइमेट कंडीशन के लिए उपयुक्त नहीं है और काम नहीं कर रहा।
इस यंत्र की बड़ी इतनी संख्या में बड़ी हुई कीमतों में खरीददारी से किसको फायदा मिला और कहां कहां तक बटा यह तो सिर्फ डा एम पी कौशिक ही बता सकते है।
ऐसे लोगो की सेवा विस्तार के लिए संतुस्ती आना ही एक गंभीर बात है। इस से संस्तुति करने वालो की मंशा व् नियत पर भी सवाल उठता है।
आपकी निरक्षण व् कार्यवाही के लिए कुछ तथ्य सलग्न है।
आशा है की इन तथ्यों की सपूर्ण जाँच करवा कर देश के बहुमूल्य पैसो का दोहन करने वालो के खिलाफ उचित कार्यवाही का जल्द से जल्द जाँच का आदेश देंगे।
Enclosed details: Purchase background of ICAD Chempro 100i,, Make: Environics
Budgetary Priceapproximately $9,500
Purchase Price – Rs 100000/- each in bulk purchase (more than $ 16000/each)
Army has purchased instrument ICAD Chempro 100i (Qty: 999 No’s, Make: Environics) against contract nos B/28704/NBC-4C/ICAD/GS/WE-6 Dated 23 Jun 2009 and B/28704/NBC-4C/Option/ICAD/GS/WE-6 dated 26 Mar 2010 for approximately 100 Crore (INR). This instrument detects the chemical warfare agents and is of utmost importance for the defence services. Having cleared the payment after the delivery, it was found that all these instruments failed to perform as per the specification and have technical problems. It is evident from the letter enclosed that performance related issues were raised in Nov 2012 and since then no action has been taken. Few officials are trying to cover up the issue by changing the specification instead of taking 100 Crore back.
As per the information gathered from the sources, these instruments were first purchased by M P Kaushik from DRDE Gwalior (A DRDO Laboratory and Nodal Agency in Chemical Warfare). Satisfactory working certificate were given to the company and payment was cleared. Later Army gave the contract. It seems that with the help of M P Kaushik few official of army has executed this act.
Environics’s reply regarding non function of Chempro100i
Environics’s reply regarding non function of Chempro 100i
Technology Evaluation Report Environics USA Inc. ChemPro 100 Hand-Held Chemical Detector By- Tricia Derringer, Thomas Kelly, Dale Folsom, Robert Krile, and Zachary Willenberg, Battelle, 505 King Avenue, Columbus, OH 43201 and Eric Koglin Task Order Project Officer National Homeland Security Research Center Office of Research and Development U.S. Environmental Protection Agency 944 East Harmon Ave. Las Vegas, NV 89119
To Date 16th October 2014Hon’bleShri Narendra Modi,Prime Minister of India,Room No -152, PMO, South Block,New Delhi-110011
Subject : Request to utilized scientific potential of Dr. A.K. Singh, DOP, DRDO HQ to Lab/Estt under Life Sciences Cluster
Hon’ble Sir,
Human Resource is an asset of an organisation and proper utilisation and deployment of its HR/Manpower is challenging job for an organisation especially on DRDO which holding very significant responsibility for the nation. In the past several years DRDO cannot meet its target well within time and seeking extensions in PDC again & again in several major projects of national significance. This drawback of DRDO has been noticed by Hon’ble Ex-PM Dr. Manmohan Singh, Ex- Defence Minister Shri A.K. Antony, CAG, CGDA, Parliamentary Standing Committee on Defence (15th Lok Sabha). This has been also noticed and criticised by you in DRDO Award Function on 20th August 2014 by saying “Chalta Hai wala attitude nahin chalega“.
Poor HR planning and deployment of scientists in various Lab/Estt of DRDO is major reason for not delivering the products and timely completion of project. Almost each and every lab/Estt all sundry work (Admin/Stores/Security/MTO/Library/works/ conservancy etc) are managed by qualified scientist and technical officials (more than 15% of total strength of DRDO) Simultaneously they are drawing all perks which is provided towards incentive in the name of scientific encouragement and also enjoying flexible complementary scheme on promotions which is also strictly for those who dedicatedly involve in scientific and technical assignments.
HR of DRDO comes under CCR&D (HR) which consisted of DOP, DHRD, RAC, CEPTAM, DESIDOC, ITM, MILIT, DIAT, DPI and RTI Cell. Presently Dr. G. Malakondiah, Distinguished Scientist is holding the charge of CCR&D (HR) and he was convicted by Madras High Court for imprisonment of three weeks in case of contempt of court this the highest example of ignorance of constitutions provision.
One such example of poor HR planning of DRDO is of Dr. A.K. Singh, Director, Directorate of Personnel, DRDO HQ, New Delhi. Dr. A.K.Singh, Scientist ‘G’ is great Nuclear Medicine scientist of India with five patents granted, fourteen patents filed, one copy right and more than fifty publications in international & national journals.Bio-Data of Dr. A.K. Singh is annexed.
As a matter of fact, despite having so many scientific contributions in area of Nuclear Medicines which is primarily used for treatment of cancer, brain tumours and complex diseases.
Dr. A.K. Singh was basically recruited for projects of DRDO in its New Delhi based unique laboratory working in Nuclear Medicine, Institute of Nuclear Medicine and Allied Sciences (INMAS). He worked in INMAS till the year 2004 but all of sudden he was transferred in DRDO HQ and assigned non-technical clerical assignments like Staff Officer to CCR&D.
Since the year 2004, the great Nuclear Medicine scientist is working non-scientific work like Director, CEPTAM, Director, DHRD and presently DOP. The work assigned to Dr. A.K. Singh is of administrative nature for which DRDO is having it’s another HR cadre known as administrative cadre and from this cadre manpower should be appointed in DOP.
Being a bonafide life science scientist, Dr. A.K. Singh, DOP not having any expertise in field of HR, therefore, he made several wrong decisions due to which DRDO faces lot of embarrassment and bad fame in media, it also affected various officials of DRDO who are facing several court cases in various courts all over India, even 15th October 2014 he received notice from CAT Delhi for his misadventure towards a senior scientist who belong to minority. This created lot of expenditure in term of fees to lawyers, TA/DA to attend court cases and cause of derailing scientific research tempo of DRDO.
Government of India is paying more than Rupees twenty lakhs to Dr. A.K. Singh, DOP for his non-productive and non-scientific work that can be carried out by any of the officer of Joint Director/Additional Director of DRDO from the admin cadre. DRDO wasting poor tax payers money.
Dr. A.K. Sigh is great Nuclear Medicine Scientist which is rare in DRDO. The discipline of Dr. A.K. Singh is from Life Sciences so proper utilization of his potential to posted him in Laboratory/ Establishment of DRDO under Life Sciences Cluster so he can contribute more in the national interest.
There are nine (09) Lab/Estt under Life Sciences Cluster of DRDO spread over all India. These are DEBEL, DIPAS, DIPR, INMAS, DRL, DIBER, DFRL, DIHAR & DRDE. Life sciences scientists are 120+ out of 7500 total DRDO scientist’s strength so proper utilization of these 9 labs can only possible when all life science scientists dedicatedly posted in Life Sciences Cluster of DRDO not in HR related Corporate Directorate. Dr A K Singh qualified life science scientist but he convert his field into technical services in the official records while as per his biodata he is fit for life sciences activities.
Sir you know the maxim “wrong shoe in right leg- “. Similar is the case of Dr. A.K. Singh who has been wrongly posted in HR assignments of DRDO while he is great Nuclear Medicine scientist with international fame scientific contributions in Nuclear Medicine. He is very much required in Lab/Estt of DRDO that are working in specialization of Dr. A.K. Singh like Defence Research Laboratory, Tezpur, Defence Research & Development Establishment, Gwalior, DEBEL, Bangalore and INMAS, New Delhi. Since Dr. A.K. Singh had already worked in INMAS, New Delhi for more than 16 years and his experience was bitter at INMAS thereby he was expelled from projects and scientific assignments at INMAS, New Delhi. Therefore the ,most suitable work places for getting output from his scientific knowledge and experience is DRL, Tezpur, DRDE, Gwalior and DEBEL, Bangalore.
Keeping in view of the facts stated above, to save public revenue and streamline HR of DRDO, it is very much required that scientists of the DRDO having educational qualification and experiences in life sciences should be posted in Lab/Estt under Life Sciences Cluster of DRDO.
Therefore I kindly and earnestly request you to start “operation clean- Swachta Abhiyan” in DRDO by transferring Dr. A.K. Singh, DOP from DRDO HQ to any of the Life Sciences Cluster Lab/Estt like DRL, Tezpur, DRDE, Gwalior or DEBEL, Bangalore so that poor & dirty HR of DRDO may be rich & clean.
To 24th March 2014
Dr. RB Sharma, CPIO,
DRDO HQ, Min. of Defence,
DRDO Bhawan, Rajaji Marg,
New Delhi-110011
Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect the visit of Dr Tessy Thomas, Scientist -H, DRDL, DRDO, Hyderabad to Vijay Raje Scindia Kanya P G College, Gwalior on 21st March 2014. News paper clip enclosed.
Whether the visit of Dr Tessy Thomas as chief gust in Golden Jubilee of Vijay Raje Scindia Kanya P G College, Gwalior was official or private.
Did Dr Tessy Thomas permission was obtained from competent authority Yes/No
If yes then the copy of permission letter.
Escort provided by MP Police department to Dr Tessy Thomas was official requested by DRDO Hqrs/ Director, DRDE Yes/No
If Yes then copy of request letter.
Please provide the total amount of expenditure incurred by DRDE Gwalior for the visit of Dr Tessy Thomas to golden jubilee of Vijay Raje Scindia Kanya P G College, Gwalior, where wife of Dr M P Kaushik’s wife working as HOD, Chemistry Department.
If any funds/grants given to Vijay Raje Scindia Kanya P G College, Gwalior by DRDE, DRDO under any projects/ programs from April 2010 to March 2013. Then total amount and project/program names.
The total cost of gifts/presentation if any received by Dr Tessy Thomas from Vijay Raje Scindia Kanya P G College, Gwalior.
Note : Matter is directly related to corruption and not exempted under Section 24 (1)
To, 28th February 2014Dr. RB Sharma, CPIO,DRDO HQ, Min. of Defence,DRDO Bhawan, Rajaji Marg,New Delhi-110011
Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of Vertox Laboratory Building DRDE, Gwalior. Sh Avinash Chander, SA to RM, DG, DRDO suppose to inaugurate this building on 20th Febraury 2014 as per Director, DRDE ION no DRDE/TC-29/Visit- Corres/2014 dated 17th February 2014. It is observed that Director, DRDE wasted poor tax payer’s money in the name of inauguration of one year old Vertox Laboratory Building because till date the tentage and sofa are lying for Sh Avinash Chander’s reception.
Total Section amount of Vertox Laboratory Building, DRDE, Gwalior
The name of project for which Vertox Laboratory building was sectioned.
The Vertox Laboratory building handing over date
The Vertox Laboratory building completion date.
Present Status of Vertox Laboratory building whether it is already start utilizing by DRDE then date of utilization
Total amount spend in the name of inauguration arrangement by Director, DRDE
The date and time of visit cancellation information send to Director, DRDE by SA office.
Note : Matter is directly related to corruption and not exempted under Section 24 (1). The money which DRDO officials are using is public money. The Tent management done by a Scientist F, Scientist D, Scientist C and a TO C.
A new kind of toilet using bacteria to break down human excreta has been deployed in Indian trains over four years to 2017, at a cost of Rs 1,305 crore, but this toilet is no better than a septic tank, the Indian Institute of Technology-Madras (IIT-M) has concluded after a two-year long study.
