Tag Archives: Information

RTI-PMO-DRDO

To                                                                                                       Date–21 February 2015
Shri Syed Ekram Rizwi,
Director & Central Public Information Officer,
Prime Minister’s Office,
South Block,
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 complaints against DRDO officials to Hon’ble Prime Minister, PMO.

  1. Implementation of IPR Information System in DRDO – is it exempted organisation for all GOI orders? dated- 28 July 2014
  2. Scraps the promotions for Scientist ‘F’ to Scientist ‘G’ in DRDO year 2011- dated 18 Oct 2014
  3. HR of DRDO – The Great Nuclear Medicine Scientist Dr. A.K. Singh posted as Director of Personnel at DRDO HQ.-dated 16 Oct 2014

 Information sought

  1. Status report of the complaints.
  2. Action on the complaints by PMO
  3. Copy of reply of DRDO on subject matter received by PMO
  4. If DRDO not replied till date than copy of reminder to DRDO if any from PMO on subject matter.

Regards

Prabhu  Dandriyal,
21-Sunderwala, Raipur,

Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com

Registration Number    PMOIN/R/2015/60465

REQUEST FOR CONSTITUTION OF SPECIAL INVESTIGATING TEAM (SIT) FOR INVESTIGATION OF COMPLAINTS OF CORRUPTION AGAINST DR. A.K. SAXENA, DIRECTOR, DMSRDE, KANPUR UNDER DRDO, MIN. OF DEFENCE

To                                                                                                        13th February 2015
Hon’ble
Shri Manohar Parrikar,
Defence Minister,
104- South Block
New Delhi-110011
 
To
Shri R K Mathur
Defence Secretary & Defence R&D
101-A, South Block
New Delhi-110011

SUBJECT : REQUEST FOR CONSTITUTION OF SPECIAL INVESTIGATING  TEAM (SIT) FOR INVESTIGATION OF COMPLAINTS OF CORRUPTION AGAINST DR. A.K. SAXENA, DIRECTOR, DMSRDE, KANPUR UNDER DRDO, MIN. OF DEFENCE.                      

Sir,

I humbly submit your kind attention towards corruption in tunes of crores at Defence Materials & Stores Research & Development Establishment (DMSRDE), Kanpur, an establishment under Defence Research & Development Organisation (DRDO), Ministry of Defence, Government of India.

Dr. Arvind Kumar Saxena was appointed as Scientist ‘C’ on 28.04.1984 in DMSRDE, Kanpur and since then he is continuously posted at DMSRDE, Kanpur from past 30 years. He was never transferred from DMSRDE, Kanpur and since the date of his posting he is working at Kanpur.  The roots of the Dr. Saxena while working at DMSRDE, Kanpur has become so deep that he was involved in various activities involving the financial and administrative irregularities that leads corruption in DMSRDE.

Dr. Arvind Kumar Saxena, Scientist ‘G’ was appointed as Director, DMSRDE, Kanpur wef 01 January 2011. In spite of the fact that he has been involved in various financial and administrative irregularities , Dr. Saxena was  promoted to the rank of Scientist ‘H’ wef 02 August 2012 and since then he is  holding the rank of Scientist ‘H’ and working as Director, DMSRDE.

The right from his appointment as Director, he was involved in various kinds of administrative and financial irregularities that lead corruption in tunes of crores. Several complaints were made against Dr. Arvind Kumar Saxena to then Defence Minister.

I am an RTI activist and social worker running a website corruptionindrdo.com to expose the corruption in DRDO. I also made as far as 12 complaints regarding corruption in procurements of various instruments, equipment and materials in DMSRDE by DMSRDE officials to Central Vigilance Commission, Hon’ble Defence Minister and DGR&D, DRDO. These complaints were filed by me during 29 Nov 2013 to 11 June 2014. Total cost of store items procured against which complaints were filed is about Rs. 7.5 crore. A complete list of complaints filed by me to CVC and Hon’ble Defence Minister is enclosed as Enclosure-1.

All the aforesaid complaints made by me have been endorsed by Central Vigilance Commission (CVC). CVC has taken cognizance of aforesaid complaints and registered on prima facia.  These complaints have been forwarded to Chief Vigilance Office (CVO), Ministry of Defence for further enquiry/investigation of the aforesaid complaints. Under the provisions of RTI Act 2005 the CPIO, CVC vide letter no. CVC/RTI/13/1862/241925 dated 18.03.2014 informed to me that his complaints have been forwarded to CVO (MOD) for investigation. Letter enclosed as Enclosure-2.

Under RTI Act, CPIO, CVO MOD informed that all complaints have been forwarded to Director, Vigilance & Security, DRDO for further inquiry and asked the consolidated report from DRDO vide their letter dated 04 August 2014. Letter enclosed as Enclosure-3.

Meantime, a Fact Finding Inquiry Committee (FFIC) was constituted by Shri Avinash Chander, DG, DRDO under chairmanship of Dr S S Negi to inquire the complaints against Dr. A.K. Saxena. The Fact Finding Inquiry Committee visited DMSRDE, Kanpur on 13th – 14th, March 2014 for inquiry on the complaints submitted against Dr. A.K. Saxena. The said committee submitted its report to Shri Avinash Chander action only GOD knows the truth.

Shri Avinash Chander again set up second Fact Finding Inquiry Committee in which Chairman was equivalent rank to Dr. Saxena   and three junior officers were members of the Fact Finding Inquiry Committee. The second FFIC was constituted under chairmanship of Dr. D.C. Pandey, Scientist ‘H’, LRDE, Bangalore and three members Sri Hari Babu Srivastava, Scientist ‘G’, Sri Jagdeep, Scientist ‘F’ and Sri R.S. Mehta, Joint Director. The said committee visited DMSRDE, Kanpur recently on 9-10 July 2014. Therefore constitution of two FFIC by Shri Avinash Chander establishes that there were complaints against Dr. A.K. Saxena but to give him patronage and support the Shri Avinash Chander set up illegal FFIC. This second FFIC also submitted its report to Shri Avinash Chander but still no action against Dr. A.K Saxena took place by DRDO.

Sir , Shri Avinash Chander was supporting the corrupt practices at DMSRDE, Kanpur. In this connection I again submitted complaints to Hon’ble Prime Minister and Hon’ble Defence Minister in October-November 2014.

Despite since long time all 12 complaints are still pending with Director (Vig.) & CVO (MOD), South Block, New Delhi and no action has been taken so far.

Dr. A.K. Saxena, Director, DMSRDE is going to retire on 31 July 2015 and only five months remain for his superannuation. To give safe passage to safely retire to Dr. A.K. Saxena even after making corruption in tunes of crores is totally against the Government policy of “Zero Tolerance for Corruption”.

Therefore to take speedy action in the corruption cases of DMSRDE registered by CVC and forwarded to CVO (MOD), I kindly request high level Special Investigation Team (SIT) to investigation and speedy action against corrupt officials of DMSRDE, Kanpur.

Regards

Prabhu  Dandriyal,
21-Sunderwala, Raipur,
Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com

Annexure:-

  1. List of complaints/cases filed to CVC and Defence Minister against Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur.
  2. Letter CVC/RTI/13/1862/241925 dated 18.03.2014 from CVC.
  3. Letter from CVO(MOD) dated 04 Aug 2014.enclosure1INFORMATION PROVIDED BY CVC ON COMPLAINTS AGAINST ARVIND KUMAR SAXENA, DIRECTOR, DMSRDE, KANPURRTI was filed to CVC on 29 Jan 2014 and ACPIO replied vide letter No. CVC/RTI/13/1862-24017 that “Information has been gathered, a suitable reply will be sent shortly”.Vide letter No. CVC/RTI/13/1862/241925 dated 18.03.2014 CPIO, CVC informed that:
    1. Complaint dated 29.11.2013 was sent for necessary action to CVO, MOD vide OM No. 1323/2014/V9 dated 30.01.2014.
    2. Compliant dated 17.12.2013 was sent for necessary action to CVO, MOD vides OM No. 2056/2014/V9 dated 19.02.2014.
    3. Complaints dated 24.12.2013, 26.12.2013, 22.01.2014 have been received in the Commission and their complaint Nos. are 5022/2014/Vigilance9, 4967/2014/ Vigilance9 & 5387/2014/Vigilance9 respectively. These complaints are under consideration in the Commission.
    4. Complaints dated 28.12.2013, 06.01.2014 & 09.01.2014 have been received and these have been sent to CVO, MOD for necessary action vide Commissions OM No. 30714/2013/Vigilance9 dated 26.12.2013, 3617/2014/Vigilance9 dated 10.03.2014 respectively.
    5. Complaints dated 12 Jan 2014, 06 Feb 2014 & 03 March 2014 are consideration of Commission.
    6. Complaint dated 11 June 2014 has been forwarded to CVO (MOD) for further action.enclosure-2

CVO MOD DMSRDE case Cvo rti reply DMSRDE case2 Cvo rti reply DMSRDE caseRTI reply CVO DMSRDE

RTI- Science Congress Mumbai

To,
Dr. RB Sharma, Scientist ‘F’
Central Public Information Officer
DRDO HQ, Min. of Defence
Room No. 314-A, RTI Cell
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 the visit of DRDO officials in Indian Science Congress , Mumbai. Following 13 Scientists/TOs of DMSRDE, Kanpur attended the Indian Science Congress.

 

SN Name Rank Departure Date Return Date Mode of Journey
1. Dr. A.K. Saxena Director 01 Jan 2015 08 Jan 2015 Flight
2. Dr. D.N. Tripathi Sc ‘F’ 01 Jan 2015 08 Jan 2015 Flight
3. Dr. Vineeta Nigam Sc ‘E’ 01 Jan 2015 08 Jan 2015 Flight
4. Dr. D.S. Bag Sc ‘F’ 01 Jan 2015 08 Jan 2015 Train
5. Mr. Amit Saraiya Sc ‘E’ 01 Jan 2015 08 Jan 2015 Train
6. Mr. AK Sc ‘D’ 01 Jan 2015 08 Jan 2015 Train
7. Mr. Mrituanjay K. Pandey Sc ‘C’ 01 Jan 2015 08 Jan 2015 Train
8. Mr. J.P. Singh Sc ‘C’ 01 Jan 2015 08 Jan 2015 Train
9. Mr. Rajesh Kumar Jaish TO ‘C’ 01 Jan 2015 08 Jan 2015 Train
10  Mr. Harjeet Singh TO ‘C’ 01 Jan 2015 08 Jan 2015 Train
11 Mr. A.K. Bajpai TO ‘C’ 01 Jan 2015 08 Jan 2015 Train
12. Mr. Sheel Kumar Porwal TO ‘B’ 01 Jan 2015 08 Jan 2015 Train
13. Mr. Devi Prasad Shukla TO 01 Jan 2015 08 Jan 2015 Train

 

Kindly provide following information.

  1. Number of lecture given by DMSRDE Scientists, number of product displayed by DMSRDE.
  2. Total Expenditure incurred by MSRDE for above said visit.
  3. Number of lectures, presentations given by DRDO officials.
  4. Number of Scientists that visited Indian Science Congress during previous science congress from DMSRDE, Kanpur.
  5. Total officials that were permitted by DRDO HQ to visit Indian Science Congress, Mumbai from

Information sought is pertaining to misuse of power and Corruption & not exempted u/s 24 of RTI Act 2005.

Regards

Prabhu  Dandriyal,
21-Sunderwala, Raipur,
Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com

Registration Number     MODEF/R/2015/60137

Corruption Cases of Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur

To                                                                                                        Date 5th July 2014                  
Hon’ble
Shri Arun Jaitly,
Defence Minister,
South Block, New Delhi-110011

Subject: Corruption cases of  Dr.  Arvind Kumar Saxena, Director, DMSRDE, Kanpur

Sir,

Defence Materials and Stores Research & Development Establishment (DMSRDE), Kanpur is one of the establishments under Defence Research & Development Organisation. Dr. Arvind Kumar Saxena was appointed as Director, DMSRDE, Kanpur with effect from 01 January 2011 and he is posted in DMSRDE, Kanpur since 28 April 1984. In past 30 years he developed deep connections with local vendors and after his appointment as Director since 01 Jan 2011, these pet vendors are playing major role in procurement of stores & items.

  1. As vigilant & patriot citizen of the country, I filed 12 complaints on issues of Corruption against Dr.  Arvind Kumar Saxena, Director, DMSRDE to CVC and Hon’ble Defence Minister with proofs. Details of complaints on Corruption against Dr. Arvind Kumar Saxena is enclosed as Annexure-1.
  2. CVC has informed me vide his various letter & sms that my all 12 complaints have been forwarded to CVO, Ministry of Defence but till date no action has been taken against Dr.  Arvind Kumar Saxena. Copies of letters from CVC are annexed as Annexure-2.
  3. Since copies of all these complaints were also sent to Shri Avinash Chander, DGR&D, DRDO and Scientific Advisor to Raksha Mantri but till date no action has been taken against Dr. Arvind Kumar Saxena by Shri Avinash Chander, DGR&D, DRDO.
  4. The two statutory rules viz CCS (Conducts) Rule 1964 and CCS (CCA) Rules 1965 have been framed by Government of India for maintaining good conduct and discipline. Under Rule 14, Government of India Order on “Inquiry Officers to be senior in rank to the officers enquired against” it is mandatory that inquiry officer –Chairman as well as all members Inquiry Committee should be one  rank senior to the officer whose conduct is being inquired into. This principle has been reiterated in CVC Vigilance Manual, Railway Manual, CPWD Manual and all other DOPT Manuals.
  5. Shri Avinash Chander, DGR&D, DRDO and Scientific Advisor to Raksha Mantri is giving patronage to corrupt practices of Dr.  Arvind Kumar Saxena and promoting corrupt officers in the organisation. One simple example of patronage to Dr.  Arvind Kumar Saxena by Shri Avinash Chander, DG R&D, DRDO is to constitute an illegal Fact Finding Committee in Jan-Feb 2014 for inquiring complaints against Dr. Arvind Kumar Saxena. In this committee Shri SS Negi, Scientist ‘H’ was Chairman and Mr. Manoj Bali, Scientist ‘G’ and Shri Jagdeep, Scientist ‘F’ was members. This Committee was totally illegal as Chairman was of equivalent rank and two members of FFC were very junior to Dr. Arvind Kumar Saxena. This establishes that Shri Avinash Chander, DG R&D, DRDO wilfully constituted an illegal committee for giving patronage & protection to corruption in DMSRDE, Kanpur by Dr. Arvind Kumar Saxena. Intentions of Shri Avinash Chander, DGR&D, DRDO is very open to protect corrupt officer Dr. Arvind Kumar Saxena by any means.
  6. This Fact Finding Committee took only one complaint out of my several complaints and gave false report despite FFC did not interact with me and all proofs were submitted along with complaints. That complaint was regarding procurement of ‘REACTOR. The said REACTOR was procured by DMSRDE in 2012 and REACTOR was supplied to DMSRDE in January 2013. Till date payment of said REACTOR has not been made to the vendor.
  7. In light of the above, in the interest of organisation, I kindly request you to take appropriate action against Dr. Arvind Kumar Saxena, Director, DMSRDE   and issue directives to CVO (MOD) to speed up the investigation on my complaints.

With kind regards,

(Prabhu Dandriyal)
21, Sundarwala, Raipur Road
Dehradun-248008

Phone – 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com   website – www.corruptionindrdo.com 

Copy to:

  1. Hon’ble Shri Narendra Modi, Prime Minister of India, PMO, New Delhi.
  2. Shri Avinash Chander, DGR&D, DRDO and SA to RM, New Delhi.
  3. Chief Vigilance Officer, Ministry of Defence, South Block, New Delhi.

Annexure:

  1. Details of complaints on Corruption against Dr. Arvind Kumar Saxena to CVC.
  2. Copies of letters from CVC.

 

List of Complaints to CVC against
Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur
list of complaints dmsrde
INFORMATION PROVIDED BY CVC ON COMPLAINTS AGAINST
DR. ARVIND KUMAR SAXENA, DIRECTOR, DMSRDE, KANPUR

RTI was filed to CVC on 29 Jan 2014 and ACPIO replied vide letter No. CVC/RTI/13/1862-24017 that “Information has been gathered, a suitable reply will be sent shortly”.

Vide letter No. CVC/RTI/13/1862/241925 dated 18.03.2014 CPIO, CVC informed that:

  1. Complaint dated 29.11.2013 was sent for necessary action to CVO, MOD vide OM No. 1323/2014/V9 dated 30.01.2014.
  2. Compliant dated 17.12.2013 was sent for necessary action to CVO, MOD vides OM No. 2056/2014/V9 dated 19.02.2014.
  3. Complaints dated 24.12.2013, 26.12.2013, 22.01.2014 have been received in the Commission and their complaint Nos. are 5022/2014/Vigilance9, 4967/2014/ Vigilance9 & 5387/2014/Vigilance9 respectively. These complaints are under consideration in the Commission.
  4. Complaints dated 28.12.2013, 06.01.2014 & 09.01.2014 have been received and these have been sent to CVO, MOD for necessary action vide Commissions OM No. 30714/2013/Vigilance9 dated 26.12.2013, 3617/2014/Vigilance9 dated 10.03.2014 respectively.
  5. Complaints dated 12 Jan 2014, 06 Feb 2014 & 03 March 2014 are consideration of Commission.
  6. Complaint dated 11 June 2014 has been forwarded to CVO (MOD) for further action.
  7. Complaint 13248/2014 has been forwarded to CVO (MOD) for further action on 26th June 2014

DRDO Having Blind RTI Cell

DRDO RTI Cell is acting as a blind body. Since RTI Act, 2005’s implementation, DRDO felt its power  and put all efforts to  get rid off but success was partial, Schedule – II exemption did not include the corruption and Human rights allegations and subsequently CIC also gave guidelines that, day to day administration and management matters are also not exempted.

This CIC supports give honest officials and citizen an immense power to fight against neck deep corruption/nepotism/favoritism prevailing in DRDO.

Cases started to expose the corrupt practice of senior DRDO officials in various matters like recruitment/promotions/procurements, etc and action started against corrupt officials by Defence Minister, CVO, CVC, etc

The DRDO management now come under desperation and looking after to fix those who are trying to expose the corrupt senior officers, few terminated/dismissed, few transferred, few deprived with promotions, a message was passed among the DRDO officials/employees, that if any one seeks RTI, he should be ready to face consequences and it is established that facts that DRDO management extensively used unwritten policy not give promotions or due credits to those who are involved in RTI acts practices.

It is a clear cut message to the nation that DRDO top management is a dishonest corrupt and  not working in the interest of the nation because it is not committed towards the constitution of India.

On 8th March 2014, Dr. R B Sharma, CPIO, DRDO Hqrs acted as a super boss and sent a letter to all Labs/ Establishments of DRDO to not give any information under RTI Act, 2005.

On 28th May, 2005 a meeting was held under DRDO transparency officer Dr. Sudershan Kumar, DS and CC R&D (PC & SI). In that he told to all DRDO’s CPIO not to supply any information under RTI Act-2005. It can be verified by records of DRDO’s RTI cell that no information was passed after this decision to any RTI applicant.

 That all RTI applicants receiving reply in the same format which was supplied by DRDO RTI Cell and First appellate authority reply was also given by DRDO in same format.

Surprisingly the following case of Dr. R G Taware, Ex- Technical Officer ‘B’ was to show the blind act of DRDO’s RTI cell.

Dr. R G Taware, Ex- Technical Officer ‘B’ was illegally dismissed by DRDO management with conspiracy. The conspiracy was proved by single point DRDO used then RRM, Sh Palam Raju for suspension and after dismissal and material fact is that RRM, Sh Palam Raju nor has the power for such approval, because as per Ministry of Defence orders of power delegation by Defence Minster shows he has never delegated such powers to RRM, Sh. Palam Raju specially for DRDO.

Dr. R G Taware, Ex- Technical Officer ‘B’ suspension /dismissal orders one of major allegation was “The tone and tenor of letter of Dr. R G Taware dated 26 Aug 2009”

Dr. R G Taware send an RTI request to CPIO, HEMRL, Pune, information sought that DRDO scientists developed a machine which can measure “The tone and tenor of any letter”, he asked whether scientist got any award and promotions for this great innovation.

The Blind DRDO RTI cell replied in a standard format “ You hereby inform that DRDO is placed in second schedule of RTI Act and exempted from disclosure of Information under Section 24 (1) exceptpertaining to the allegation of corruption and human right violations”( copy enclosed)

 Further after getting above reply from BLIND DRDO RTI Cell, Dr. R G Taware sent first appeal to FAA, DRDO to check their IQ.

Interestingly the height of blindness of DRDO RTI cell or to hell with RTI same standard reply send by FAA on the issue that “You hereby inform that DRDO is placed in second schedule of RTI Act and exempted from disclosure of Information under Section 24 (1) exceptpertaining to the allegation of corruption and human right violations”  (copy enclosed)

Great DRDO RTI cell proved their scientific capability in this RTI application replies – can the common Indian believe these DRDO scientists caliber for defence preparedness ??????????????

Dr R G Tawere's RTI application
Dr R G Tawere’s RTI application
CPIO, HEMRL, Pune's Reply
CPIO, HEMRL, Pune’s Reply
RG Taware RTI  first appeal
RG Taware’s RTI first appeal Page 1
RG Taware RTI  first appeal page2
RG Taware RTI first appeal page 2

RG Taware RTI  first appeal reply page1 RG Taware RTI  first appeal reply page2

    

Request for Information regarding EDK MoU from Honorable Ambassador Nancy J. Powell

To                                                                                            12th April 2014
Honorable Ambassador Nancy J. Powell,
U.S. Embassy,
Shantipath, Chanakyapuri,
New Delhi – 110021

Subject:  US based Firm Crowe & Company, South Carolina, USA signed MoU with DRDO,  Ministry of Defence,GOI

Honorable Madam,

On 2nd August 2013 a MoU signed in US Chamber of Commerce, 615 H St NW, Washington, DC 20062 by Ms Faye Crowe, CEO, Crowe and Company, 975 Bacons Bridge Road Summerville, SC 29485 USA with Shri Avinash Chander, Scietific Adviser to Raksha Mantri, Secretary, Department of Defence R&D and DG, DRDO in presence of then Indian Ambassador Ms Nirupama Rao.

In this occasion Dr John Holdren, Senior Adviser to the US President on S&T, Ron Somers, President USIBC and former US Defence Secretary William S Cohen among the guest.

Some News papers quote ““We are hoping that (technology transfer) would be a two way street,” former US Defence Secretary William S Cohen said, adding that this is a very significant step. He described it as a very “excellent example” of reverse technology transfer.

(http://www.thehindubusinessline.com/news/international/us-to-manufacture-market-drdos-explosive-detection-kit/article4985275.ece)

“We are planning to introduce the EDK to the US Army and US homeland security forces and in other international markets after getting necessary approvals from the US regulatory institutions,” said Fay Crowe, CEO and president of the company.

http://zeenews.india.com/news/nation/india-s-drdo-launches-explosive-detection-kit-in-us_866386.html

The launch of EDK in the US was significant in more ways than one, said the Indian ambassador Nirupama Rao, who described the transfer of technology as “an important milestone in the process of evolution of India-US strategic partnership.”

http://gulfnews.com/news/world/india/india-launches-explosive-detection-kit-in-us-1.1216355

Chander was upbeat over first of DRDO developed products getting globalised with the transfer of Indian technology to the US which not long ago looked at the DRDO “as a very reluctant supplier”.

http://www.theweekendleader.com/Headlines/1407/india’s-drdo-launches-explosive-detection-kit-in-us.html

Fay Crowe, owner of the company now manufacturing the selling these kits in the US, said she believed the kit could have prevented the Boston Marathon explosions.

The kit was launched in Washington on Friday for production and sale in the US and other countries in the region, by Crowe and Company, a South Carolina firm.

It is currently undergoing tests by US military and other security agencies but may soon be headed for use by coalition forces in Afghanistan through a non-profit.

http://idrw.org/?p=25199

SOURCE: HINDUSTAN TIMES

“This kit has a much better field deployable position than other items. We have just signed an agreement with a US company to take the technology to South America. The technology would be presented to the Columbian Defense Ministry and to Panama and across the world,” Crowe said.

It is India which holds the patent on the technology, and Crowe has paid an unspecified amount to commercialise it in the US and would also pay royalty on the EDK kits sold.

“Yes”, she said when asked if Boston bombings could have been prevented if the technology was available in the US at that time.

“I believe that it could have been deployed in Boston and with proper training if the kits were in use…at large events, it would every easy to implement a posture where you can detect explosives,” she said.

THE ECONOMIC TIMES

As per available records of Ms Faye Crowe, CEO, Crowe and Company 975 Bacons Bridge Road Summerville, SC 29485 USA in Internet is following

Crowe And Company, LLC

975 Bacons Bridge Road

Summerville, SC 29485  

Phone: (843) 991-6759

Company Contacts – Fay Crowe

Business Information

Website: crowderscustomizing.com

Location Type            – Single Location

State of Incorporation          South Carolina

Year Established        2007

Annual Revenue Estimate    100000

Employees      2

SIC Code         8742, Management Consulting Services

NAICS Code    541613, Marketing Consulting Services

Business Categories  

Distribution Channels Consultants in Summerville, SC

Distribution channels consultant

Management Consulting Services

As a vigilant citizen of India I request you to please help me to know the about the truth of above mention statements made by Ms Fay Crowe CEO, Crowe and Company 975 Bacons Bridge Road Summerville, SC 29485 USA.

  1. Whether she and her company is competent for such tie with Indian Defence Premier Organization DRDO, Ministry of Defence, GOI.
  2. Whether she applied for necessary approvals from the US regulatory institutions as claimed by Ms Faye Crowe, CEO, Crowe and Company.
  3. Whether she introduces the EDK to the US Army and US homeland security forces as claimed by Ms Faye Crowe, CEO, Crowe and Company.
  4. As per news paper Ms Faye Crowe, CEO, Crowe and Company has paid an unspecified amount to commercialise it in the US and would also pay royalty on the EDK kits sold. Any approval for financial deal with DRDO.
  5. As per news paper “It is currently undergoing tests by US military and other security agencies but may soon be headed for use by coalition forces in Afghanistan through a non-profit.  In this regard information may kindly be provided.

Hope you will take it seriously for the sake of dignity of both countries.

With warm regards

Prabhu Dayal Dandriyal
21-Sunderwala, Raipur, Dehradun-248008
Phone – 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com  website – www.corruptionindrdo.com

RTI – DRDO – DMSRDE Status

To,                                                                                          Date: 12 February, 2014               
Dr. RB Sharma, Scientist ‘F’,
Central Public Information Officer,
DRDO HQ, Min. of Defence,
Room No. 314-A, RTI Cell,
DRDO Bhawan, Rajaji Marg,
New Delhi-110011                                          

  APPLICATION UNDER RIGHT TO INFORMATION ACT 2005

Hello,

Applicant submitted following complaints to DGR&D, DRDO and Scientific Advisor to Raksha Mantri on Corruption charges against Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur and other scientists of DMSRDE, Kanpur. Details of complaints are given below:

S.N.
Subject of Complaint
Date of filing
1.
Scam of forge rent receipt for rebate on HRA in DMSRDE Kanpur
29  Nov 2013
2.
Corruption in procurement of Antivirus – DMSRDE
17 Dec 2013
3.
Complaint against Dr. AK Saxena, Director, DMSRDE, DRDO, Kanpur- Reactor Case
24 Dec 2013
4.
Complaint against Dr. AK Saxena, Director, DMSRDE, DRDO, Kanpur –II- Omega Furnace
26 Dec 2013
5.
Complaint against Dr. AK Saxena, Director, DMSRDE, DRDO, Kanpur –III- Cutting of Grass/Sarkanda ,Pruning, Trimming & Cutting of Tress
28 Dec 2013
6.
Corruption in procurement of chemicals at DMSRDE Kanpur
06 Jan 2014
7.
Corruption in procurement of DYNEEMA Fabric at DMSRDE Kanpur
09 Jan 2014
8.
Corruption In Procurement of Analytical Weighing Balance At DMSRDE Kanpur
12 Jan 2014
9.
Complaint to CVC – DMSRDE FUME HOOD Procurement Case
22 Jan 2014
10.
Complaint against Dr. AK Saxena, Director, DMSRDE, DRDO, Kanpur – Purchasing of Laboratory Microprocessor Based Programmable High Temperature Furnace
06 Feb 2014

In reference to the above kindly provide the following information under RTI Act 2005.

  1. Status of above mentioned complaints at DRDO HQ.
  2. Action taken on the above mentioned complaints by DGR&D, DRDO & SA to RM.
  3. Whether any inquiry committee has been setup for investigation for  charges of Corruption made in the above mentioned complaints against Dr. Arvind Kumar Saxena, Director, DMSRDE.(Yes/No)
  4. If answer to Para (3) is yes then provide status of inquiry. (Completed/Running)
  5. If inquiry is completed then provide the copy of inquiry report.

NOTE

Please refer CIC decision in File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla Vs. DRDO. Information asked is on Establishment Matter and not exempted u/s 24 of RTI Act as per various decisions of CIC

Regards

Prabhu  Dandriyal,
21-Sunderwala, Raipur,
Phone 0135- 2787750, Mobile- 9411114879, e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com                                              

 Registration Number           MODEF/R/2014/60271     

RTI – DRDO Hqrs – Sceintist ‘H’ Result 2013

To,                                                                               2nd February 2014
Dr. RB Sharma, CPIO,
DRDO HQ, Min. of Defence,
DRDO Bhawan, Rajaji Marg,
New Delhi-110011                          

Hello,

In pursuance of Rule 8(2) Schedule ID of DRDS Rules 1979 as amended a Peer Committee for assessment of Scientists G to Scientists  H (OS) in the year 2013 was constituted and assessed the suitability of Scientists  G for the grade of Scientists H (OS). Subsequently several Scientists G were promoted to the rank of Scientist H  (OS). However declaration of results for promotions from Scientist G to Scientists H (OS) was surprisingly delayed and announced in month of October, 2013 instead of July 2013.

In reference to the above kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. Copy of the letter by which competent authority constituted Peer Committee.
  2. The details of Chairman and Members of the Peer Committee.
  3. The dates on which Peer Committee meetings were held for assessing the suitability of Scientists G for promotion to Scientists H(Outstanding Scientist).
  4. The date on which results has been declared.
  5. The date from which the promotions of Scientist H (Outstanding Scientist) in the year 2013 became effective.
  6. The date on which results for promotion from Scientists G to Scientists H (OS) were declared and became effective in the year 2012.
  7. The reasons for delay in declaration of results.
  8. These promotions were conducted under which promotion scheme of Government of India. (Flexible Complementing Scheme (FCS) or Merit Promotion Scheme (MPS).
  9. Copy of the minutes of Peer Committee duly approved by Defence Minister.

10. Whether any representation was submitted by any assessed Scientist G to Defence Minister regarding his/her promotion before the declaration of results. (Yes/No)

11. If answer to point (9) is yes then provide copy of the letter/representation.

12. Whether any review Peer Committee meeting was held again in the year 2013 for reviewing the recommendations/Minutes  of previous Peer Committee Meeting held earlier in 2013  for promotion of Scientists G to Scientists H (Outstanding Scientists) for the year 2013. (Yes/No)

13. If answer to point (12) is yes then provide the copy of Minutes of review Peer Committee Meeting for promotion of Scientists G to Scientists H (Outstanding Scientists) for the year 2013.

14. Provide the final list of Scientists who were promoted to Scientist H (OS) in the year 2013.

NOTE

  1. Please refer CIC decision in File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla Vs. DRDO)-
  2. Information asked is on Establishment Matter and not exempted u/s 24 of RTI Act as per various decisions of CIC

Regards

Prabhu  Dandriyal,
21-Sunderwala, Raipur,
Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com

 

 

Registration Number         MODEF/R/2014/60215                 

First Appeal – Parking – DMSRDE

FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005

To,
  Shri Suranjan Pal,
  OS & Director DECS,
 First Appellate Authority, DRDO
  RTI Cell, Room No. 240/B , 
  DRDO Bhawan, Rajaji Marg
  New Delhi-110011

Subject: First Appeal under Section 19(1) of RTI Act 2005

Reference: Letter No. DMS/0369/RTI/101/69/Letter_2013 dated 29 October 2013 issued by CPIO, DMSRDE, Kanpur

Sir,

I am distressed by above referred decision of Public Information Officer, DMSRDE, Kanpur. I hereby submit this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.

1.   Details of appellant:-applicant2.   Details of Central Public Information Officer (CPIO):-cpio kanpur

3. Particulars of Decision/Order of CPIO against which appeal:-

Decision vide letter No. DMS/0369/RTI/101/69/Letter_2013 dated 29 October 2013 received by appellant on 04 November 2013. Copy enclosed as Enclosure -1.

4. Brief facts leading to appeal:-

(a)          An application under Section 6(1) of RTI Act 2005 dated 04 October 2013 was submitted to CPIO, DMSRDE, Kanpur for providing information regarding “Parking“. Copy of the RTI Application dated 04 October 2013 is enclosed as Enclosure-2.

(b)          Central Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/101/69/Letter_2013 dated 29 October 2013 although it was clearly mentioned in RTI application that required information is directly related to the allegations of Corruption and not come under Schedule-II.

(c)          It was clearly mentioned in RTI application dated 04 October 2013 that “Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure”.

(d)          In point (c) (1) of reply dated 29 October, 2013 CPIO informed that “Director, DMSRDE, Kanpur has not ordered for construction of any vehicle parking stand inside DMSRDE not being constructed”. It was also mentioned “Other information related to vehicle stand are also irrelevant and not applicable”.

(e)          In point (d)(2) of reply dated 29 October, 2013 CPIO informed that “Regarding CSD Canteen, its functioning has started from 21st April 1977 and running continuously. The other information asked has no relevance with the allegations of Corruption. It is a social welfare activity and run in authorized manner with manually agreed terms & conditions of DMSRDE and MES office of, DMSRDE, Kanpur”.

(f)           CPIO, DMSRDE, Kanpur rejected the RTI application dated 04 October 2013 on invalid, illegal, ultra vires & false reasons with malafide intentions to linger on the process of seeking information with an ulterior motive under direction of Director, DMSRDE, Kanpur (The Public Authority). This act of CPIO, DMSRDE, Kanpur attracts action on CPIO u/s 20 of RTI Act 2005.

(g)          Appellant is intensely upset by the decision of CPIO, DMSRDE, Kanpur and this leads to appellant to file an appeal u/s 19(1) of RTI Act 2005.

5.   Reasons/Grounds for First Appeal:-

First Appeal is submitted to First Appellate Authority on following reasons/grounds.

(a)       Under the provisions of Section 24(1)  of RTI Act 2005 the organisation notified under II Schedule of the Act are exempted from the information except when the information pertained allegations of corruption and human rights violations only.

(b)       Appellant submitted an application dated 04 October 2013 under Section 6(1) of RTI Act 2005 to CPIO, DMSRDE, Kanpur for   providing information as mentioned in application dated 04 October 2013 enclosed as Enclosure 2 to this FA.

(c)        Information was denied by CPIO, DMSRDE, Kanpur on the ground that “DRDO is placed in Second Schedule of RTI Act, 2005 and is exempted from disclosure of Information under Section 24(1) except for information pertaining to the allegations of Corruptions and Human Rights Violations“.

(d)       The information sought by the appellant vide his application dated 04 October 2013 does not comes u/s 24(1) of the Act as per consistent views and decisions of Central Information Commission in various cases regarding organisation notified in Schedule II like DRDO as information sought is related to Establishment Matter and allegations of Corruption.

(e)       Information was denied on false and illegal grounds with malafide intentions to harass the appellant for getting the information.

(f)         CPIO is not aware of recent views and decisions of CIC regarding DRDO (notified organisation under Schedule II), thereby he misused Section 24(1) of the Act for denial of Information.

(g)       Appellant is deeply distressed by invalid decision of CPIO, DMSRDE, Kanpur, hence the First Appeal u/s 19(1) of RTI Act 2005 before FAA.

6.   Prayer /relief sought for:-

  1. Information sought vides RTI Application dated 04 October 2013 by appellant has been denied on false and invalid reasons by CPIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to CPIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 04 October 2013.
  2. Direction may kindly be issued to CPIO, DMSRDE, Kanpur to work as per provisions of RTI Act 2005 and guidelines established in CIC decisions.
    1. 7.   Grounds for prayer/relief sought for:-
    2. 1.     CIC decisions on notified organizations under Schedule II of

     RTI Act 2005 like DRDO

(i)       CIC in its various decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

(ii)      CIC in its various decisions clarified that the exemption u/s 24(1) for DRDO (notified organisation under Schedule II) is only for Scientific/Technical/Strategic/national security information and not for the information of General nature/Estt. Matters/ Routine Correspondence/ all other information for which exemptions u/s 24(1) are not allowed.

(iii)     These decisions of CIC are binding on all notified organisation under Schedule II, as these decisions of CIC has not been challenged till date in any court.

(iv)     Information sought in RTI Application dated 03 August 2013 was pertaining to Establishment Matter

(v)      In this regard following decisions of CIC are listed for your kind information and consideration.

  1. CIC/LS/A/2012/002612 dated 22.03.2013 (Dr. Neelam Bhalla Vs DRDO)
  2. CIC/LS/A/2009/001073 dated 17.2.2010 (Navin Praksh Gupta Vs DRDO)
  3. CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
  4. CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
  5. CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
  6. CIC/LS/A/2010/001277 dated 2.3.2010 (Ram Manohar Singh Vs. DRDO)
  7. CIC/LS/A/2012/002599 & CIC/LS/A/2012/002146 dated 01.11.2012 (Virender Kumar Vs DRDO)
  8. CIC/LS/C/2012/001204 dated 9.8.2012 (Rajiv Chauhan Vs DRDO)
  9. CIC/SM/A/2009/001014/LS dated 09.11.2009 (Navin Prakash Gupta Vs DRDO)
  10. CIC/LS/A/2009/001073 dated 17 Feb 2010 (Navin Prakash Gupta Vs DRDO)
  11. CIC/SM/C/2009/00794, CIC/LS/A/2010/00015, CIC/LS/C/2010/000076 dated 18 June 2010 (Navin Prakash Gupta Vs DRDO)

(vi)     In these decisions CIC decided that Immunity granted u/s 24(1) is only for scientific & strategic Information only. All other information should be provided by all organisation notified under second schedule of the Act“.

2.     Nature of information sought is not  related to strategic/national security/scientific /technical matters

Information sought is related to “Parking”. This type of information has already been allowed by CIC as information sought is not pertaining to strategic/national security/scientific/technical matters.

3.     Information sought is related to Estt. Matter/General Routine nature is permissible & allowed by CIC, even after the fact “DRDO is notified organisation under Schedule II”, in various decisions against DRDO.

4.     Information sought is also related to allegations of Corruption as already mentioned in RTI application dated 04 October 2013. Information sought is having angle of vigilance as per CVC Act. Under the provisions of Section 24(1) of the Act, the information should be pertaining to allegations of Corruption only. No evidences or proofs of corruption are required for seeking information related to corruption as per RTI Act 2005. Instead the onus is on CPIO to establish that information sought is not having vigilance angle and pertaining to allegation of corruption. In case the prima facie evidences of Corruption are available the appellant will approach to CVC/CBI not file RTI to get information pertaining to allegations of Corruption?

                  i.        It is alleged that Dr. AK Saxena, Director, DMSRDE misused his powers to construct/erect the parking shade near CSD Canteen. It has been accepted by Director, DMSRDE vide Minute Sheet No.  AE/Gen Admin/13/0578 dated 26 September 2013 issued by Dr. D.N. Tripathi, Addl. Director (Admin).  Vide this order “all officers & employees of DMSRDE were ordered to park their vehicles in parking area/shades near CSD Canteen with effect from 01 October 2013”. Again Chief Security Officer issued ION dated 03.10.2013 on behalf of Director regarding Car-Parking near Admin. Building. Again an ION was issued by Dr. DN Tripathi, Addl. Director(Admin) regarding parking area near CSD Canteen.

                ii.        This parking shade/vehicle stand was not constructed by MES or CCE (R&D) North. It was constructed by Director, DMSRDE using private contractor of his favor M/s Gupta Constructions, Gandhi Gram, Kanpur. Thereby CPIO provided false information vides his letter dated 29 October 2013.

              iii.        MES(Military Engineering Services) and CCE(R&D) are the only agencies authorize for any construction of buildings , to execute minor & major work in buildings, construction /erect of shades/parking area etc. in Technical & Residential area of DMSRDE.

               iv.        The source of fund used to erect two shades was from one project fund and not from build-up fund. Project fund cannot be used for construction work. Hence Dr. AK Saxena, Director misused his powers to illegal and unauthorized construction of two parking shades near CSD Canteen inside the Technical Area of DMSRDE, to give undue advantage to M/s Gupta Construction, Gandhi Gram, Kanpur with vested interest.

                 v.        All supply orders for purchase of material used to erect the parking shades were issued to M/s Gupta Constructions who is neighbor to Dr. AK Saxena residence at Gandhi Gram, Kanpur.

               vi.        Misuse of powers for personal gains, unauthorized construction and misuse of funds is clear case of Corruption. Documents are available in records with DMSRDE which can be verified by FAA.

             vii.        It is quite evident from Minute Sheet No. AE/Gen Admin/13/0578 dated 26 September 2013 that there exists building of CSD Canteen in DMSRDE near newly constructed parking area/shade.

            viii.        The nomenclature of building in which CSD canteen is running is CHEM STORE, as per MES record. Director, DMSRDE is using this building in unauthorized manner to run CSD Canteen in this building. CSD Canteen is a profitable URC under CSD hence it should pay rent as well as electrical charges to MES. In this connection MES also issued notice to CSD Canteen for payment of electrical charges and recently cut down the power of CSD  for fifteen days, thereby CSD was closed for about fifteen days.

               ix.        Information sought is related to “Parking”. This information is not related to any scientific/technical/strategic matter. Therefore information related to contract, supply order, purchase, construction and manufacturing etc. is disclosable under RTI Act, CIC decisions mentioned above and even by FAA, DRDO.

8.   Declaration:-

I hereby state that the information and particulars given above are true to the best of my knowledge and belief.

Prabhu Dayal Dandriyal
21- Sunderwala, Raipur
Dehradun-248008
Uttarakhand

Appeal No.:FA/PDD/DMSRDE/2013/Parking

Date: 08 November, 2013                                          

 Enclosure: Two 

(1)  Letter from CPIO, DMSRDE dated 29 October 2013.

(2)  RTI Application dated 04 October 2013.

 

First Appeal -DMSRDE – Immovable Property Return (IPR) of Officials

FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005

To,
 Shri Suranjan Pal, OS & Director DECS
 First Appellate Authority , DRDO
 RTI Cell , Room No. 240/B, DRDO Bhawan,
 Rajaji Marg, New Delhi-110011 

Subject: First Appeal under Section 19(1) of RTI Act 2005

Reference: Letter No. DMS/0369/RTI/101/50/Letter_2013 dated 09 September 2013 issued by PIO, DMSRDE, Kanpur

Sir,

I am distressed by above referred decision of Public Information Officer, DMSRDE , Kanpur. I hereby submit  this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.

1.     Details of appellant:-

Name
Rajiv Chauhan
Address
1053/3, Shastri Nagar
Meerut(U.P.)- 250005

2.     Details of Public Information Officer (PIO):-

Name & Rank
Shri Sarvesh Kumar , Scientist ‘F ‘
Address
DMSRDE
GT Road
Kanpur-208013

 3. Particulars of Decision/Order of PIO against which appeal:-

Decision vide letter No. DMS/0369/RTI/101/50/Letter_2013 dated 09 September 2013 received by appellant on 20 September 2013. Copy enclosed as  Enclosure -1.

4. Brief facts leading to appeal:-

(a)  An application under Section 6(1) of RTI Act 2005 dated 03 August 2013 was submitted to PIO, DMSRDE, Kanpur for providing information regarding “Immovable Property Return & Movable Property Return of Officers“. Copy of the RTI Application dated 03 August 2013 is enclosed as Enclosure-2.

(b)  Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/101/50/Letter_2013 dated 09 September 2013 although it was clearly mentioned in RTI application that required information is directly related to the allegations of corruption and not come under Schedule-II.

(c)   It was clearly mentioned in RTI application dated 03 August 2013 that “Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure. For examples decision pronounced in F. No. CIC/LS/A/2010/000107 dated 26.4.2010 and in F. No.CIC/SM/C/2008/ 00054/LS dated 29.01.2010“.

(d)  In point (3) of reply dated 09 September 2013 , PIO referred the DOPT OM 11/2/2013-IR(Pt.) dated 14 August 2013 in which  PIO mentioned some decision of CIC for seeking exemption under section 8(1)(j) of RTI Act 2005. The said OM is having three  Para’s but PIO did not read Para (2) and malafidely ignored Para (2) in which Hon’ble Supreme Court Judgment was quoted.

(e)  PIO, DMSRDE, Kanpur rejected the RTI application dated 03 August 2013 on invalid, illegal, ultra vires & false reasons with malafide intentions to linger on the process of seeking information with an ulterior motive under direction of Director, DMSRDE, Kanpur (The Public Authority). This act of PIO, DMSRDE , Kanpur attracts action on PIO u/s 20 of RTI Act 2005.

(f)    Appellant is intensely upset by the decision of PIO, DMSRDE, Kanpur and this leads to appellant to file an appeal u/s 19(1) of RTI Act 2005.

5.     Reasons/Grounds for First Appeal:-

First Appeal is submitted to First Appellate Authority on following reasons/grounds.

(a)    Under the provisions of section 24(1)  of RTI Act 2005 the organisation notified under II Schedule of the Act are exempted from the information except when the information pertained allegations of corruption and human rights violations only.

(b)    Appellant submitted an application dated 03 August 2013 under section 6(1) of RTI Act 2005 to PIO, DMSRDE, Kanpur for   providing information as mentioned in application dated 03 August 2013 enclosed as Enclosure 2 to this FA.

(c)    Information was denied by PIO, DMSRDE, Kanpur on the ground that “DRDO is placed in Second Schedule of RTI Act, 2005 and is exempted from disclosure of Information under Section 24(1) except for information pertaining to the allegations of Corruptions and Human Rights Violations“.

(d)    The information sought by the appellant vide his application dated 03 August 2013 does not comes u/s 24(1) of the Act as per consistent views and decisions of Central Information Commission in various cases regarding organisation notified in Schedule II like DRDO as information sought is related to Establishment Matter and allegations of Corruption.

(e)    Information was denied on false and illegal grounds with malafide intentions to harass the appellant from getting the information.

(f)     PIO is not aware of recent views and decisions of CIC regarding DRDO(notified organisation under Schedule II), thereby he misused section 24(1) of the Act for denial of Information.

(g)    PIO is unable to understand the RTI Act 2005 and have not gone through the provisions of section 8(1)(j) of Act, definition of personal information, definition of public interest and various CIC decision in this matter. Misinterpretation of law leads to malafide intention and promotion to corruption by PIO. PIO is working under control and direction of Director (Public Authority).

(h)    It appears that PIO does know the meaning of Establishment Matter and public information, thereby he is claiming the information sought as personal information.

(i)      Appellant is deeply distressed by invalid decision of PIO, DMSRDE, Kanpur, hence the First Appeal u/s 19(1) of RTI Act 2005 before FAA.

6.     Prayer /relief sought for:-

  1. Information sought vides RTI Application dated 03 August 2013 by appellant has been denied on false and invalid reasons by PIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to PIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 03 August 2013.
  2. Direction may kindly be issued to PIO, DMSRDE, Kanpur to work as per provisions of RTI Act 2005 and guidelines established in CIC decisions as PIO is for helping the appellant(Public/Information seeker) not for harassing the appellant as per sprit and provisions of RTI Act 2005.
  3.  Direction may please be issued to PIO to go through provisions of RTI Act 2005 before denial of information.

7.     Grounds for prayer/relief sought for:-

1.     CIC decisions on notified organizations under Schedule II of

     RTI Act 2005 like DRDO

(i)      CIC in its various decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

(ii)    CIC in its various decisions clarified that the exemption u/s 24(1) for DRDO (notified organisation under Schedule II) is only for Scientific/Technical/Strategic/national security information and not for the information of General nature/Estt. Matters/ Routine Correspondence/ all other information for which exemptions u/s 24(1) are not allowed.

(iii)   These decisions of CIC are binding on  all notified organisation under Schedule II, as these decisions of CIC has not been challenged till date in any court.

(iv)   Information sought in RTI Application dated 03 August 2013 was pertaining to Establishment Matter

(v)    In this regard following decisions of CIC are listed for your kind information and consideration.

  1. CIC/LS/A/2012/002612 dated 22.03.2013 (Dr. Neelam Bhalla Vs DRDO)
  2. CIC/LS/A/2009/001073 dated 17.2.2010 (Navin Praksh Gupta Vs DRDO)
  3. CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
  4. CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
  5. CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
  6. CIC/LS/A/2010/001277 dated 2.3.2010 (Ram Manohar Singh Vs. DRDO)
  7. CIC/LS/A/2012/002599 & CIC/LS/A/2012/002146 dated 01.11.2012 (Virender Kumar Vs DRDO)
  8. CIC/LS/C/2012/001204 dated 9.8.2012 (Rajiv Chauhan Vs DRDO)
  9. CIC/SM/A/2009/001014/LS dated 09.11.2009 (Navin Prakash Gupta Vs DRDO)
  10. CIC/LS/A/2009/001073 dated 17 Feb 2010 (Navin Prakash Gupta Vs DRDO)
  11. CIC/SM/C/2009/00794, CIC/LS/A/2010/00015, CIC/LS/C/2010/000076 dated 18 June 2010 (Navin Prakash Gupta Vs DRDO)

(vi)   In these decisions CIC decided that Immunity granted u/s 24(1) is only for scientific & strategic Information only. All other information should be provided by all organisation notified under second schedule of the Act“.

2.     Nature of information sought is not  related to strategic/national security/scientific /technical matters

Information sought is related to  “Immovable Property Return & Movable Property Return of Officers“. This type of information has already been allowed by CIC as information sought is not pertaining to strategic/national security/scientific/technical matters.

3.     Information sought is related to Estt. Matter/General Routine nature/ Routine correspondence and permissible / allowed by CIC, even after the fact “DRDO is notified organisation under Schedule II”, in various decisions against DRDO.

4.     Information sought is also related to allegations of corruption as already mentioned in RTI application dated 03 August 2013 and having angle of vigilance as per CVC Act. Under the provisions of Section 24(1) of the Act, the information should be pertaining to allegations of corruption only. No evidences or proofs of corruption are required for seeking information related to corruption as per RTI Act 2005. Instead the onus is on PIO to establish that information sought is not having vigilance angle and pertaining to allegation of corruption. It is alleged that Dr. Anurag Srivastava, Scientist ‘F and Mr. Amit Kumar, Scientist ‘D’ have violated Rule 18 of CCS(conducts) Rules 1964 as both did not submitted IPR , Movable property returns and valuable property returns for several years. This ensures disciplinary action against them under CCS(CCA) Rules 1965. These officers are having disproportionate assets by showing undervalued cost of property. Both officers used black money to purchase property at high cost but declared on low cost by paying excess amount in black money for purchase of property. The black money involved in purchase of property came to them by means of corruption. Therefore the information sought is pertaining to allegations of corruption. Dr. AK Saxena, Director, DMSRDE is promoting this immoral act (corruption) based on casteism as Mr. Amit Kumar, Dr. Anurag Srivastava and Dr. AK Saxena belongs to same cast Kayastha.

5.     Information sought is related to “Immovable Property Return & Movable Property Return of Officers“. This information is not a personal information u/s 8(1) (j) of RTI Act and comes under Establishment Matters. The information related to IPR is Public Information as it is held by Public Authority under Rule 18 of CCS(Conducts) Rules 1964. The details of IPR, Movable Property Return, Form 16 and Salary Slip are public documents. Thereby the information sought is not personal information u/s 8(1)(j).

6.     The information related toImmovable Property Return, Movable Property Return and Form 16 giving details of salary, house rent paid and rebate in income tax is not personal information u/s 8(1)(j) as this information has been allowed by Hon’ble CIC in decision No. CIC/OK/A/2007/01493 & CIC/OK/A/2008/00027 dated 20 March 2008 by Dr. O.P. Kejariwal, Information Commissioner.

Information related to IPR is disclosable as per CIC decision in Case No. CIC/SG/A/2009/001990/5042 dated 06 October 2009 and CIC/SG/A/2011/003719/17410 dated  16 February 2012.

7.     Information Sought is neither  personal information nor covered u/s 8(1)(j) of RTI Act 2005

  1. In reply dated 09 September 2013, PIO DMSRDE quoted in Para(3) – DOPT OM No. 11/2/2013-IR dated 14 August 2013.
  2. The said OM is having three(03) Para with one enclosure (CIC Decision in F No. CIC/SM/A/2013/000058 dated 26.06.2013 Manoj Arya Vs. Cabinet Secretariat).
  3. In Para (1) of DOPT OM quoted by PIO, it has been mentioned ‘The Central Information Commission in one of its decisions (copy enclosed) has held that information about the complaints made against an officer of the Government and any possible action the authorities might have taken on those complaints, qualifies as personal information within the meaning of provision of section 8 (1) (j) of the RTI Act, 2005′.
  4. In Para(2) of DOPT OM quoted by PIO, It has been mentioned ‘The Central Information Commission while deciding the said case has cited the decision of Supreme Court of India in the matter of Girish R. Deshpande vs. CIC and others (SLP (C) no. 27734/2012) in which it was held as under:- “The performance of an employee/Officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression ‘personal information’, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual.” The Supreme Court further held that such information could be disclosed only if it would serve a larger public interest.
  5. The information sought in RTI Application dated 03 August 2013 is neither related to any complaint made against any Government servant nor related to the performance of an employee/officer in an organisation, as demanded in DOPT OM dated 14 August 2013.
  6. Thereby PIO is seeking illegal and  malafide shelter of the said OM of DOPT because information sought is not personal information, rather this type of information has already been allowed in CIC decision F No. CIC/OK/A/2007/01493 and CIC/OK/A/2008/00027 dated 20 March 2008.
  7. Hence the information sought is neither personal information nor covered u/s 8(1)(j) of RTI Act 2005.

8.     The Central Civil Services (Conduct) Rules , 1964- Rule 18

Every Government servant shall submit a return of his immovable property, movable and valuable property under the provisions of Rule 18 of CCS(Conducts) Rules 1964 under sub rule 18(1), 18(2), 18(3, 18(4) and  18(5). Therefore IPR, Movable property return and details of valuable property are public documents held by public authority. To submit the information under Rule 18 of CCS (Conducts) Rules in prescribed format under Rule 18 are binding on each & every Government servant, therefore these are public information not the personal information. Government servants are seeking House Building Advance (HBA) of Rs. 7.5 Lakhs for purchasing of Immovable property, Car Advance, Computer advance, two wheeler advance and other various advances (loans) from Government. Therefore procurement of Immovable property, movable property and valuable property involves the public money therefore these information and documents are public information. These public documents are disclosable as per DOPT orders and CIC decisions in various cases.

9.     DOPT Orders on disclosure of IPR and Movable Property

  1. Please refer DOPT, Govt. of India Office Memorandum No. 11013/3/2011-Estt.A dated 11th April 2011 on the Subject “Submission of Immovable Property Returns by officers of Group A Central Services for the year 2010(as on 01.01.2011) – Placing of the public domain regarding”.
  2. Under the provisions of Para (2) of the said OM “It has been decided that the immovable property returns submitted by members of all Group ‘A’ Services of the Central Government for the year 2010 i.e. as on 01.01.2011 will be placed in public domain by respective cadre controlling authorities by 31.05.2011“. Copy of the DOPT OM No. 11013/3/2011-Estt.A dated 11th April 2011 is enclosed as Enclosure -3.

10. Partial information of IPR is in Public domain in  DRDO  

  1. As per DOPT OM dated 11th April 2011, it was binding on all Public Authorities to disclose IPR of all its Group’A’ Officers in public domain by uploading IPR on website.
  2. All organisations/departments uploaded IPR submitted by all Group A officers on their website as it is in the format prescribed under Rule 18 of CCS (Conducts) Rules. These IPR of all Central Government departments are as available on Internet.
  3. DRDO is more clever than DOPT and other organisatins/departments thereby DRDO compiled the partial information in tabular form of All Group ‘A’ Officers working under DRDO.
  4. These IPR was first time uploaded on DRDO website  under the link Immovable Property Return on home page of DRDO website in year 2011. Therefore DRDO accepted that information related to IPR is public information not the personal information. Despite disclosure of partial information related IPR on DRDO website , PIO, DMSRDE denied the information on the basis of personal information under section 8(1)(j) of the Act. This act of PIO is malafide with ulterior motives to protect the corrupt officers of his own cast based on basis of casteism.
  5. PIO denied the information on illegal grounds to protect Dr. AK Saxena, Director, Dr. Anurag Srivastava and Mr. Amit Kumar who are having disproportionate assets and are involved in corruption.
  6. Appellant filed RTI Application on 03 August 2013 and this was received by PIO on 13 August 2013 as he claimed in his letter No. DMS/0369/RTI/101/50/Letter_2013 dated 09 September2013. It is false to say that RTI was received after 10 days of dispatch. At the time when RTI dated 03 August 2013 was filed to DMSRDE, then on IPR of DMSRDE loaded on DRDO website was not having any property details of Dr. Anurag Srivastava, Scientist ‘F’ and Mr. Amit Kumar, Scientist ‘D’ but after receiving RTI on 13th August, Public Authority (Director, DMSRDE) awaken and left his all the horses to manipulate the IPR data of Dr. Anurag Srivastava and Amit Kumar and manage to put in record of DMSRDE by tempering and creating new data. Director managed to publish information regarding IPR of Anurag Srivastava and Amit Kumar on DRDO website under file name Immovable_property_return_2012_dmsrde.pdf.
  7. This can be verified from DRDO website under the link of DMSRDE that two pdf files are existing with the names IPR_DMSRDE.pdf (uploaded in year 2011) and Immovable_property_return_2012_dmsrde.pdf(Uploaded on 16 August 2013). In earlier file there was no information about IPR of Dr. Anurag Srivastava and Mr. Amit Kumar, but as soon as RTI was filed on 03 Aug 2013 and received by PIO on 13 Aug 2013, whole manipulation took place with in three days only and data was published by creating new file. This indicates how DRDO/DMSRDE is protecting its corrupt officials.

viii. Therefore information related to IPR is public information not personal information. Thereby Information sought should be disclosed by PIO, DMSRDE.

11. Information sought is related to larger public interest and public activity

  1. As per the provisions of section 8(1)(j) of RTI Act 2005 larger public interest justifies the disclosure of such information.
  2. As per the evidences available with appellant, Dr. Anurag Srivastava and Mr. Amit Kumar are having disproportionate assets. The money, by which they purchase the disproportionate assets, came to them by means of corruption. The exact details will be disclosed before appropriate competent authority.
  3. Dr. Anurag Srivastava and Amit Kumar purchased the property in undervalued rates by making cost of property very lower  than original cost on which other property were sale in that area on that particular month. There by it create loss to Government in terms of low registry fee and stamps duty used for registry of the property.
  4. These officers did not declare their assets as per provisions of Rule 18 of CCS (Conducts) Rules 1964, thereby they violated CCS (Conducts) Rules 1964. They are liable for disciplinary action for concealing the facts and not providing return of their assets.
  5. Dr. Anurag Srivastava and Mr. Amit Kumar is involved in corruption in DMSRDE and earned black money which they invested in purchase of Immovable Property and Movable Property. Activity pertains to corruption by these officers created pecuniary loss of public money and interest of Government as their integrity is doubtful in light of disproportionate assets with them.
  6. As public money, public servants, integrity of public servants, integrity of Public Authority and Public offices are involved in the matter, therefore larger public interest and public activity is involved in the disclosure of information.
  7. These officials are involved in acquiring disproportionate assets by means of corruption and manipulation. This fraudulent nature establishes that their integrity is doubtful and these are not suitable for Government Service. The existence of such kind of officials having fraudulent nature & activity, is not suitable for  DRDO as they can harm the reputation of DRDO. This involves public activity as public money and public office are involved.

viii. As a principle , public interest includes “Disclosure of information that leads towards greater transparency and accountability in working of a public authority“. Thereby public interest is involved in seeking information as it will brought transparency in DMSRDE and contain the corruption as per preamble of RTI Act 2005.

12. To provide reasons when information denied u/s 8(1)(j)

  1. PIO, DMSRDE is not aware of CIC decision in case No. CIC/OK/A/2006/00163 dated 07.07.2006 . Decision pronounced is “Through this Order the Commission now wants to send the message loud and clear that quoting provisions of Section 8 of the RTI Act ad libitum to deny the information requested for, by CPIOs/Appellate Authorities without giving any justification or grounds as to how these provisions are applicable is simply unacceptable and clearly amounts to malafide denial of legitimate information attracting penalties under section 20(1) of the Act“.
  2. PIO has not given any reasons as to how he arrived to the conclusion that information sought is personal information u/s 8(1)(j). PIO also not mentioned the grounds on which he rejected the RTI application under section 8(1)(j) of the Act. Thereby he violated the CIC decisions and provisions of RTI Act. To use the shadow of section 8(1)(j) by PIO for rejection of RTI application is  illegal , prejudice and malafide.

13. Provisions of Section 8(1)(j) of RTI Act 2005

  1. PIO is reluctant to perform his duties as per provisions of RTI Act 2005. It appears that he has not under gone any training programme on RTI, sponsored by DOPT. Even though he is not taking  pain for mere reading of RTI Act. PIO, DMSRDE either has not gone through the provisions of section 8(1)(j) or he is unable to understand the meaning of provisions of section 8(1)(j).
  2. Appellant would like to draw kind attention of FAA, DRDO on the provisions of Section 8(1)(j) of RTI Act 2005 “Provided that the information which can not be denied to the Parliament or a State Legislature shall not be denied to any person“.
  3. The information sought by appellant regarding “Immovable Property Return (IPR) of officers” has to be provided to Parliament and can not be denied by DMSRDE/DRDO in case Parliament seek such information as sought in RTI Application dated 03 August 2013 of appellant, thereby the information sought   should be provided to appellant under the said provisions of section 8(1) (j) of RTI Act. Therefore the information sought is not personal information.

14. Denial of Information to promote Casteism in DMSRDE

  1. Dr. A.K. Saxena, Director, DMSRDE, Mr. Sarvesh Kumar, PIO, Dr. Anurag Srivastava, Mr. Amit Kumar and some other official of DMSRDE are working as a gang based on casteism in DMSRDE. Integrity of these officers is doubtful and it can be established if proper enquiry will be conducted at DMSRDE by CVC/CBI. Promotion to casteism is violation of Constitution of India and CCS (conducts) Rules.
  2. Dr. A.K. Saxena, Director, DMSRDE, Mr. Sarvesh Kumar, PIO, Dr. Anurag Srivastava,  Mr. Amit Kumar all are belongs to the cast known as Kayastha.
  3. Dr. A.K. Saxena and Mr. Sarvesh Kumar are protecting the corrupt officials belonging to his cast on the basis of false ground and malafidely misusing the provisions of RTI Act. Some other official also belonging to cast Kayastha have also been protected by them by illegal denial of information.

8.     Declaration:-

I hereby state that the information and particulars given above are true to the best of my knowledge and belief.

 
 
Rajiv Chauhan
1053/3,Shastri Nagar
Meerut (U.P.) – 250005

 Appeal No.:FA/RC/DMSRDE/2013/02

Date: 25 September, 2013                                            

 Enclosure: Three 

(1)    Letter from PIO, DMSRDE dated 09 September 2013
(2)    RTI Application dated 03 August 2013.
(3)    DOPT OM No. 11013/3/2011-Estt.A dated 11th April 2011
RTI Reply by DMSRDE
RTI Reply by DMSRDE

 

To,

Shri Sarvesh Kumar,Scientist ‘F’

CPIO, DMSRDE,

GT Road, Kanpur-208013

Subject: Application /Request under Right to Information Act 2005

Sir,

PARTICULARS OF INFORMATION

This is with reference to Rule 18 of CCS (Conducts) Rules 1964 and information about Immovable Property Return (IPR) available on DRDO website (drdo.gov.in) and DOPT Notification for publishing IPR of each officer working in Establishment on organization website.Kindly provide the following information under RTI Act 2005.

  Information/Question

 

. S No.

Information Sought

Required Reply

1.

Details of all the immovable properties acquired till 31 July, 2013 by              Dr. Anurag Srivastava, Scientist ‘F’ and Shri Amit Kumar, Scientist ‘D’ with  following information.

  1. Full details about location viz. Municipal No. Street/Village, Taluk, District and State in which situated.
  2. Purchase value of property
  3. Sources from which financed
Pl. provide details.
2. Provide copies of the form submitted for giving prior intimation or seeking previous sanction under rule 18(2) of the CCS (conduct) Rules, 1964 for transaction in respect of all immovable properties acquired till 31 July , 2013 by Dr. Anurag Srivastava, Scientist ‘F and Shri Amit Kumar, Scientist ‘D’ Pl. provide details.
3. Details of all the movable properties acquired till 31 July,2013 by Dr. Anurag Srivastava, Scientist ‘F’ and Shri Amit Kumar, Scientist ‘D’ with  following information.

  1. Description of the property i.e. Car / Scooter / Motor Cycle / Refrigerator/ Computer/ Laptop/Bank account/shares/investments/Jewellery/loans/Insurance policies etc.
  2.  Make, Model and also registration No. in case of vehicles, where necessary
  3.  Purchase price of the property (Market value in the case of gifts)

 

Pl. provide details.
4. Provide copies of the form for giving intimation or seeking previous sanction under rule 18(3) of the CCS (conduct) Rules, 1964 for transaction in respect of all movable properties acquired till 31 July, 2013 by Dr. Anurag Srivastava, Scientist ‘F’ and Shri Amit Kumar, Scientist ‘D’. Pl. provide details.
5. Provide copies of final intimation in form 18(2) after purchase of the all immovable properties and in form 18(3) after purchase of all the movable properties under Rule 18 of CCS(conducts) Rule 1964 in respect of Dr. Anurag Srivastava, Scientist ‘D’ and Shri Amt Kumar, Scientist ‘D’ Pl. provide details.
6 Provide copies of the letters duly noted from DOP, DRDO HQ in respect of all immovable properties acquired by Dr. Anurag Srivastava, Scientist ‘F’ and Shri Amt Kumar, Scientist ‘D. Pl. provide details.
7. Reasons on the basis of which details of immovable properties acquired by Dr. Anurag Srivastava, Scientist ‘F’ and Shri Amt Kumar, Scientist ‘D are not reflected in Immovable Property Return (IPR) of DMSRDE, Kanpur on DRDO Website. Pl. provide details.
8- Provide copies of Form 16 for the Financial Years 2011-2012 and 2012-2013 in respect of Dr. Anurag Srivastava, Scientist ‘F’ and Shri Amt Kumar, Scientist ‘D.Provide copies of salary slips for month June, 2013 & July, 2013 in respect of Dr. Anurag Srivastava, Scientist ‘F’ and Shri Amit Kumar, Scientist ‘D. Pl. provide details.
9- Copy of loan papers issued by private agency like Bank, LIC HFL etc on the basis of which rebate on HBA interest was claimed/allowed to Shri Amit Kumar, Scientist ‘D’. Pl. provide details.

.

This is to inform that Central Information Commission in its various decisionsconsistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.Examples of decision pronounced in F. No. CIC/LS/A/2010/000107 dated 26.4.2010 and in F. No.CIC/SM/C/2008/ 00054/LS dated 29.01.2010.

The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act. An IPO of Rs. 10/- as application fee is enclosed

Date: 3rd August, 2013                                                                     

 

( Rajiv Chauhan)
1053/3;Shastrinagar,
Meerut(UP)-250005,
09412628314

 

IPO of Rs. 10/- , with IPO No.   16F964389   as application Fee.            

IPR DOPT OA1 IPR DOPT OA2 IPR DOPT OA3