Tag Archives: Information Commissioner

RTI Request -1

To                                                                                                        Date 5th January 2013 CPIO, DRDO HQ                                                                                                                              Room No. 314A                                                                                                                          DRDO Bhawan, Rajaji Marg                                                                                                        New Delhi – 110105

Hello,                                                                                                                                            Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of the  following meeting.

A meeting was chaired by Dr. Prahlada, then Appellate Authority, CC R&D, Mr.S.Ravi, then CPIO, DRDO Hqrs, Dr. Arun Kumar, then DOP, DRDO, One Joint Director, DRDO, Director DEAL, Dehradun with his three representatives, Mr.YV Ratna Prasad, DMS, DRDL, Hyderabad, Mr. Narsimha Reddy, Consultant, DRDL, Hyderabad, on 16th June 2010 at Dr Prahlada’s good office.

The agenda of the meeting was how to stop Prabhu Dandriyal’s RTI requests. It was not a general RTI issue meeting because the officials who were called to the meeting were directly involved in tackling the issues which I had raised through RTIs.

  1. Name and designation of officials who were present in above meeting.
  2. Copy of meeting agenda if any.
  3. Copy of minutes/proceeding
  4. Total amount of TA/DA expenditure of out station officials.
  5. The temporary duty reports of out station officials who attended the above mentioned meeting. Mainly Mr.YV Ratna Prasad, DMS, DRDL, Hyderabad and Sh K K Mishra, Joint Director, DEAL, DRDO. After completion of any temporary duty DRDO officials always submits the TD reports to his parent department stated what the purpose of visit was and what the outcome of visit was, etc.

DRDO is already aware that this matter is related to exposing corruption prevailing in the organization. Dr. Arun Kumar, then DOP, DRDO already suspended on 30th November 2012 by MOD due to his involvement in corrupt activities in the organization. It is requested that you please furnish the above information in prescribed period of RTI Act because this matter is directly related to corruption the evidences are enclosed herewith for your ready reference. The Chairman of the meeting was Dr. Prahlada, then Appellate Authority, CC R&D, Mr.S.Ravi, then CPIO, DRDO Hqrs, Dr. Arun Kumar, then DOP, DRDO are now exposed through RTIs for their corrupt activities.

  1. Dr. Prahlada, then FAA, CC R&D ,  – Illegal drawn HRA  – Enclosed RTI reply
  2. Mr.S.Ravi, then CPIO, DRDO Hqrs, – Illegal drawn HRA -Enclosed RTI reply
  3. Dr. Arun Kumar, then DOP,DRDO – Suspended by Vigilance MOD – copy CVC advise

Note –

  1. It is observed that DRDO is denying 99% RTI request under shadow of Schedule – II.  This RTI request will reveal the policy of DRDO in which DRDO official stated that they give reply of all RTI requests but not to give request information.
  2. Requested information is directly related to me and not any kind of defense strategy
  3. Requested information is related to liberty and threat to life, as safety measure I am requesting for the information in which DRDO officials are planning to ruin my life as I am trying to expose their corrupt activities.

Enclosed- Rs 10 Postal order 98E528549

Regards,

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

RTI reply by JCDA

File No. CIC/LS/A12011/000412

Para wise reply pertaining to years 2009 and 2010 is as under:

(a) Total number of transit accommodation available in DRDO’s guest House at Delhi —105

(b) DRDO officials availing DRDO transit guest house facilities at Delhi for more than 30 days while they are posted in same station — 17

(c) Sh. S Ravi, Additional Director, DRDO HQrs availed DRDO guest house facility in Delhi during 10 Jul 2009 to 10 Sep 2010.

(d) Dr. Prahiada, CC R&D (Ae & SI) & DS, DRDO HQrs availed DRDO guest house facility in Delhi during 26 Mar 2010 to 20 Mar 2011. – False Information

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

File No.CIC/LS/A/2012/001190

Appellant Shri Rajiv Chauhan
Public Authority DRDO
Date of hearing 09.08.2012
Date of decision 09.08.2012

Facts :-
1. Heard today dated 09.08.2012. Appellant present. DRDO is represented by Shri
Deepak Mishra, Scientist ‘E’.
2. The appellant submits that there are a large number of senior scientists who have lived or are living in Government guest houses and yet claiming House Rent Allowance which is contrary to the rules. Thus, they are defrauding the Government. He provides a list of such scientists which is as follows :-

1. Dr. Prahlada, Chief Controller(R&D);
2. Sh. S. Sundaresh, Chief Controller(R&D);
3. Dr. K. Sekhar, Chief Controller(R&D);
4. Dr. r. Sreehari Rao, Chief Controller(R&D);
5. Dr. K.D. Nayak, Chief Controller(R&D);
6. Shri Ravi, Scientist ‘G’, CPIO;
7. Shri S. Sankaran, Director, ER&IPR;
8. Sh. H.V. Ssrinivasa Rao, Director, ISSA;
9. Sh. Ajay Ssingh, Chief Executive;
10. Sh. S. Shanker, Director, DCV&E;
11. Shri R.C. Katoch, Chief Tech Examiner;
12. Sh. B. Choubey, CCE and
13. Sh. Abhay Kumar, CCE.

3. He also produces a copy of the letter dated 17.8.2011 of Dr. Arun Kumar, Director of Personnel, wherein orders for recovery were made. The said letter, addressed to the Directors of all Labs/Establishments for recovery of HRA is reproduced below :-

4. “1. It has been observed that some officers posted to a Lab have stayed/are
staying in DRDO transit facilities/Guest house from the date of their reporting to that station Officers, if have stayed/staying in the DRDO transit facilities/Guest house for more than a month and have simultaneously claimed /claiming HRA for the said period of stay, is against govt. orders/regulations.

2. In view of the above, officers posted at any station who have stayed/staying in
DRDO transit facilities/Guest house for a month or more from their date of reporting and also have claimed/claiming HRA for the said period are required to refund the amount of HRA wrongly claimed forthwith by 15 Sep 2011 through MRO under intimation to the undersigned.
4. This has the approval of the competent authority.

5. The contents of this letter may please be communicated to all concerned.” He wishes to know as to why no recoveries have been effected so far.

6. To this, Shri Mishra would respond that recoveries have been made from all of the scientists.

7. In my opinion, this does not mitigate the irregularity committed in claiming HRA by the above named scientists. Even so, it is to be noted that recoveries have been made from all concerned. If so, the appellant may be informed accordingly in 03 weeks.

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

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

This is old one after Quashing this advice by CAT, DRDO received another advice from CVC

How DRDO respects CIC orders- Case – I

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

File No.CIC/LS/A/2012/001209

Appellant Shri Rajiv Chauhan
Public Authority DRDO
Date of hearing 09.08.2012
Date of decision 09.08.2012

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

2. It is the appellant’s contention that Ms. Geeta, daughter of Dr. W. Silvamurthy, former Director, DIPAS, DRDO, New Delhi, was selected as Scientist ‘c’ in 2004. It is his allegation that said Ms. Geeta was not qualified to be selected as Scientist ‘E’ as she did not hold the Ph.D degree at that time. He also alleges that she obtained the Ph.D. Degree from Bharathiar University, Coimbatore, in an irregular manner. In this connection, vide RTI application dated 7.10.2011, the appellant had sought information on 05 paras. This was responded to by the CPIO vide letter dated 2.11.2011 wherein he refused to disclose any information on the ground that DRDO is an exempted organisation.

3. Hence, the present appeal.

4. Shri Mishra submits that he has not received a copy of the appeal memo and, therefore, it is not possible for him to respond to it off-hand. Besides, he also submits that Chairman, RAC, had conducted an inquiry into the matter and in report dated 24.12.2010 had held that the process of recruitment was in order. The Commission cannot comment on the validity of allegations made by the appellant. Even so, in my opinion, the requested information cannot be denied to the appellant only for the reason that DRDO is an exempted organisation. In fact, transparency demands that the records relating to the inquiry conducted by Chairman, RAC, are allowed to be inspected by the appellant or his representative. I order accordingly.

5. This order may be complied with in 04 weeks time.

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

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

( K.L. Das )
Deputy Registrar

Address of parties :-

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

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

DRDO ‘s Action

CIC Decision on DRDO Corruption & Nepotism – 5

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

File No.CIC/LS/C/2012/001204

Appellant Shri Rajiv Chauhan
Public Authority DRDO
Date of hearing 09.08.2012
Date of decision 09.08.2012

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

2. It is noticed that vide RTI application dated 1.11.2011, the appellant had sought the names of the officers/scientists who were given extension in service after their superannuation at the age of 60 years. The CPIO had refused to disclose this information vide letter dated 30.11.2011 on the ground that DRDO is an exempted organization.

3. The appellant is seeking establishment related information and not any scientific information. Despite the DRDO being an exempted organisation, in my opinion, there is absolutely no harm in disclosing the requisite information to the appellant. Ordered accordingly.

4. This order may be complied with in 04 weeks time.

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

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

( K.L. Das )
Deputy Registrar

Address of parties :-

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

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

 

The Right to Information Act, 2005

Appeal before the Central Information Commission;

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

Authority, I hereby file this appeal for your kind decision.
1. Details of appellant:

1.1 Full Name: – RAJIV CHAUHAN

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

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

4 Email ID: rajivchauhan89@yahoo.co.in

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

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

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

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

3. Details of First Appellate Authority [FAA]:

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

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

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

4. Dates of RTI application/first appeal:

4.1 To CPIO — 03 OCT 2011

4.2 To FAA: — 02 DEC 2011

5. Particulars of Decisions:

5.1 Reference No & Date of CPIO Decision:-

30 NOV2011; RTI/01/2091/P/2011/0291; CPIO.DRDO HQ; NEW DELHI

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

20 JAN 2012; RTI/02/2091/F/2011/122;

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

6.1 CPIO— 07 DEC 2011

6.2 FAA: — 27 JAN 2012

7. Details of information sought:-

Kindly inform to you that a high no. of scientists are working beyond the age of superannuation of 60 years in DRDO. It seems that the irregularity are carried out by the officers / scientists appointment / service extension / re- employment through the contract basis in DRDO. As per the DOPT letter no. dt.9th Dec.2002 regarding the grant of extension / re-employment to central govt. servants beyond the age of superannuation – issue of instructions regarding.-“ Re-employment : No proposal for employing a govt. servant beyond the age of superannuation of 60 years shall be considered. It is also clarified that no person can be appointed / re-appointed to central govt. service after the age of superannuation of 60 years through contract.” This is a case of the corruption so that the main object to take this information is to provide as an evidence before High Power Investigating Officer/ Commissions / High Courts in the interest of law and justice. . I hereby enclosed all related documents for your consideration and decision.

I want the following information’s as under-

S.No INFORMATION SOUGHT REPLY
1. Pl. provide the name of the officers / scientists who is working after the age of superannuation of 60 years. Pl. provide the name of the officers / scientists.

2. Pl. provide the financial detail which obtained by these scientists. Pl. provide the total financial details obtained by these scientists.

3. Pl. provide the name of the officers who recommended their name for extension. Pl. provide the name .

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

8. Brief facts of the case:-

I submitted my RTI application before the CPIO, DRDO, New Delhi on dt.01-11-2011. Cause for put up this application was the allegation of the corruption / misuse of the office during the Re-employment of the scientist. CPIO reply is not satisfactory and not as per the law because the RTI is related with the allegation of the corruption and not exempted under section 24(1) of the RTI Act-2005.

However in this Supreme Court civil Appeal no – 6454,clearly mentioned that- “37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability.The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption.”

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

9. Reasons/grounds for this appeal:-

That this information is directly related with the corruption and misuse of the office and not come under section 24(1) of the RTI Act because the high no of scientists are working and take the financial and other benefits after the violation of the-
(i)- DOPT rules as DOPT letter no. dt.9th Dec.2002 regarding the grant of extension / re-employment to central govt. servants beyond the age of superannuation – issue of instructions regarding.-“ Re-employment : No proposal for employing a govt. servant beyond the age of superannuation of 60 years shall be considered. It is also clarified that no person can be appointed / re-appointed to central govt. service after the age of superannuation of 60 years through contract.”
(ii)- Defence Research Development (DRDO)Service Rules no-9-“Probation- Persons appointed to the grade of scientist ‘B’ of the service either by direct recruitment or by promotion or by re-employment before the age of superannuation ,shall be on probation for a period of 2 years. Persons appointed to any other grade of the service viz. scientist ’C’. scientist ’D’ .scientist ’E’, scientist ’F’ and scientist ‘G’ .either by direct recruitment or by re-employment before the age of superannuation ,shall be placed on probation for a period of one year; Provided that the Director General may extend or curtail the period of probation in accordance with the instruction issued by the central govt. from time to time; Provided further that in case where it is proposed to extend the period of probation, the Director General shall give notice in writing of his intention to do so, to the officer with in twelve weeks after expiry of the initial or extended period of probation”

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

This RTI information is required to proof a corruption during the re-employment after the violation of the DOPT & DRDO service rules. I hereby enclosed all related documents for your consideration and decision.
11. Prayer/relief sought for:-
I request your honor to pass an order to concern authority to provide the following information’s as under-
S.No INFORMATION SOUGHT REPLY
1. Pl. provide the name of the officers / scientists who is working after the age of superannuation of 60 years. Pl. provide the name of the officers / scientists.
2. Pl. provide the financial detail which obtained by these scientists. Pl. provide the total financial details obtained by these scientists.
3. Pl. provide the name of the officers who recommended their name for extension. Pl. provide the name .

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

Personal Presence at hearing:- — YES

Declaration:-

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

Place: MEERUT

Date: —————-

Signature of appellant