SUBJECT

Complaint against Mr. Shielendra Kumar, Scientist ‘E’ & Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur For Corruption by issuing illegal & unauthorized Supply Orders for Cutting of Grass/Sarkanda, Pruning, Trimming & Cutting of Tress, Unauthorized construction of Parking Shades and Structural Alteration in R&D House(Director’s Residence) at DMSRDE, Kanpur

Sir,

BRIEF FACTS OF THE COMPLAINT

1. Defence Materials & Stores Research & Development Establishment (DMSRDE), Kanpur is an establishment under Defence Research & Development Organisation (DRDO), Min. of Defence, DRDO Bhawan, New Delhi.
2. Dr. Arvind Kumar Saxena was appointed as Director, DMSRDE on 01st January 2011. Right from his joining he is involved in various kinds of Administrative and Financial irregularities that lead to Corruption.
3. Mr. Shielendra Kumar, Scientist ‘E’ is heading three divisions in DMSRDE, Kanpur. These divisions are Material Management Group (MMG), Estate & Works Division and Paints & Coating Technology Division. He is  henchman of Dr. AK Saxena thereby he was appointed as Head of three major Corruption full divisions despite several senior officers to Shielendra Kumar has not been appointed as Head of any division in DMSRDE, Kanpur.
4. Mr. Shielendra Kumar, Scientist ‘E’ made gross violation of DRDO Purchase Rules in issue of several illegal & unauthorized supply orders costing more than Rs. Twenty lakhs for cutting of grass/wild bushes/sarkanda, cutting/pruning & trimming of trees and unauthorized construction of Parking Shades in DMSRDE, Kanpur. He is also involved in unauthorized structural alteration in dedicated Government accommodation.
5. DMSRDE, Kanpur is having 45 acres of defence land in which its Technical Area of DMSRDE has been constructed and lot of space near buildings, boundary walls etc is open and having more than 600 trees of various kind of wood including seesam, ukliptus, neem, sagaun etc.
6. Supply Orders for cutting of grass/wild bushes/Sarkanda worth Rs.  3,86,998.00  By Shielendra Kumar, Scientist ‘E’ on orders of Dr. Arvind Kumar Saxena

a.   No. 11026/1/D(Lands)/2000 Government of India, Ministry of Defence New Delhi, dated 31st August 2000, clearly lays guidelines for cutting of grass / Sarkanda in Defence lands. It says that commanding Officers (OC) / Head of the Establishments are authorized to remove/ cut/ dispose of grass/ sarkanda subject to the following conditions:-

    i.            The grass will always be cut in time to avoid any fire hazard etc.

    ii.            The OC will be personally accountable to ensure the cutting of grass in time/ safety of the Ammunition/ ordnance Depots.

  iii.            A Board of Officers will be convened by the concerned Station HQrs of the Ammunition Depot/Ordnance Depot for disposal of the grass/ sarkanda and a representative of the DEO concerned will also be included in the Board.

  iv.            The disposal of the grass cutting rights shall be by calling tenders and highest bidder will be allotted the contract.

 v.            At the onset of the grass cutting season, the Board of Officers will inspect the land and prepare the Minimum Reserve Price (MRP) of the grass to be cut/ removed.

  vi.            The MRP would be approved by the OC/ Head of the Establishment concerned in consultation with the DEO. However, in case of a difference of opinion, the final decision rests with the OC/Head of the Establishment.

  vii.            In case of receipt of bids lower than the MRP, the authority competent to accept the same would be the GOC-in-C of the Command in consultation with the Principal ·Director, DE, in respect of cases where the MRP exceeds Rs. 10,000/-. In the case of MRP of Rs. 10,000/- and below, the OC in consultation with the DEO would be competent to accept bids lower than MRP.

 viii.            The proceeds will be credited to the Central Treasury by the OC Ammunition Depot/ Ordnance Depot.

b.     Copy of Letter No. 11026/1/D(Lands)/2000 Government of India, Ministry of Defence New Delhi, dated 31st August 2000 is enclosed as Annexure-1. The same rule is quoted here for ready reference.

c.     The same rule applies to DRDO and is applied in letter spirit except for DMSRDE since 1^st January 2011 when Dr. Arvind Kumar Saxena, a corrupt officer having scant respect of laid down rules and regulation took the charge as Director DMSRDE.  There is no provision of cutting grass/Sarkanda under DRDO’s Purchase Management 2006.  Gross irregularities, violation and criminal misconduct have been committed by Mr. Shielendra Kumar, Scientist ‘E’ and Dr. Arvind Kumar Saxena in cutting of grass / sarkanda in DMSRDE. The major irregularities and violations of rules are given below.

               i.            The head of Establishment shall ensure that a Board of Officers is convened by the concerned Station HQrs for disposal of the grass/ sarkanda and a representative of the DEO concerned will also be included in the Board. No such Board of Officers with a representative of DEO has been ordered by Dr. Arvind Kumar Saxena, Director DMSRDE.

             ii.            The disposal of the grass cutting rights shall be by calling tenders and highest bidder will be allotted the contract. No such exercise was done and instead Mr. Shielendra Kumar and Dr. Arvind Kumar Saxena entered into a criminal conspiracy by inviting tenders for execution of this illegal work at the cost of exchequers money. Under normal circumstances the highest bidder would have been allotted the work and his money deposited in Central Treasury. The travesty of the matter is that instead of department gaining money has lost the same.

           iii.            The rules clearly say that at the onset of the grass cutting season, the Board of Officers will inspect the land and prepare the Minimum Reserve Price (MRP) of the grass to be cut/ removed.  Both in the calendar year 2012 and 2013 Mr. Shielendra Kumar and Dr. Arvind Kumar Saxena have split the demand.

d.     Details of illegal Supply Orders and execution of unauthorized work regarding Cutting/Cleaning of dense grass and Sarkanda by Mr. Shielendra Kumar and Dr. Arvind Kumar Saxena under a criminal conspiracy is as mentioned below: 

e.    Copies of supply orders for demands no. DMSRDE/13WKS007 dated 17 May 2012, DMSRDE/13WKS014 dated 08 June 2012, DMSRDE/13WKS038 dated 05 Nov 2012 and DMSRDE/14WKS021 23 Sep 2013 are enclosed as Annexure-2 , Annexure-3, Annexure-4 & Annexure-5.

f.     M/s Vikalp Enterprises, Kanpur is under contract with Director, DMSRDE for Environmental Control Hygiene and Maintenance Services at DMSRDE, Technical Area since past ten years and this agreement renewed in each contract year with mutually agreed terms & conditions. In annexure-1 of this contract between Director, DMSRDE, Kanpur and M/s Vikalp Enterprises, Kanpur for the year 2012 it is clearly mentioned that “Cleaning/trimming of trees/bushes on the sides of roads up to one meter and Removal/clearance of grass/bushes around test beds, buildings, sheds, petrol bunk and transformers” is included in scope of work.

g.      In the year 2010, 2011 and 2012 supply orders were issued to M/s Vikalp Enterprises, Kanpur for Environmental Control Hygiene and Maintenance Services at DMSRDE. The average cost of Supply Order is Rs.9, 90,000. Thereby the job of cutting of grass/sarkanda/bushes/trimming of tree were executed by M/s Vikalp Enterprises in DMRDE and fake cases were indented and supply orders were issued to M/s J.S. Enterprises by Dr. Arvind Kumar Saxena, Director, DMSRDE.

h.      The contracts awarded under supply orders as stated in point (d) were issued to M/s JS Enterprises which is fake firm of Dr. Arvind Kumar Saxena and whole amount of money went to Dr. Saxena as no such work was carried out by M/s JS Enterprises as the said work was already covered under scope of work of the contract awarded to M/s Vikalp Enterprises, Kanpur for Environmental Control Hygiene and Maintenance Services at DMSRDE, Technical Area. Thereby this is clear case of fraud & Corruption of public money of Rs. 4, 81,498.00 by Dr. Arvind Kumar Saxena and Shielendra Kumar.

i.      It is  explicitly clear that illegal, gross irregularities, subversion and violation of  rules and criminal misconduct has been committed by Mr. Shilendra Kumar, Scientist ‘E’ and Dr. Arvind Kumar Saxena in cutting of grass / sarkanda in DMSRDE. Instead of the Government gaining Rs. 2.50 lakhs of money from the bidder these two corrupt officers have made exchequer to lose an amount of Rs.  8.0 lakhs of money.

7.     Supply Order for Pruning and Trimming of Tree in Tech. area and residential

8.      Copy of the demand no. DMSRDE/13WKS035 dated 03 Oct 2012 is enclosed as Annexure-6. The vendors mentioned in demand are fake and not concerned with activities of cutting, trimming and pruning of trees. Director, DMSRDE is not authorized to issue any Supply Order for cutting/trimming/pruning of trees in defence land and only authorized agency for this purpose in Ministry of Defence is Principle Controller/DEO, Defence Estate Office, Lucknow. Dr. Arvind Kumar Saxena issued Supply Order without any authority to private vendor by heavy loss of revenue to exchequer and permitted to take along the wood costing more than ten lakhs free of cost to vendor along with cost of Supply Order. Copy of the supply order no. 13AM0036 dated 26 Feb 2013 is enclosed as Annexure-7.

9.      Supply Order to private vendor for construction of Parking Shade in DMSRDE, Kanpur

      i.            An application under RTI Act 2005 dated 04 October 2013 was submitted to CPIO, DMSRDE, Kanpur for seeking information about Parking. CPIO, DMSRDE vide their letter dated 29 October 2013 replied that “Director, DMSRDE, Kanpur has not ordered for construction of any vehicle parking stand inside DMSRDE not being constructed”. Copy of the CPIO letter dated 29 October 2013 is enclosed Annexure-8.

    ii.            First Appellate Authority, DRDO vide their letter dated 10 December 2013 informed that “M/s Gupta Construction is not a registered vendor in DMSRDE”. Copy of the FAA letter dated 10 Dec 2013 is enclosed as Annexure-9.

  iii.            Director, DMSRDE ordered Estate & Works Division to initiate the case of Vehicle Parking Shed. This case was initiated in two times with different nomenclature. Details are given below.

     vi.            Total cost expenditure in construction of Parking Shade was Rs. 12,70,000(Rupees Twelve Lakh seventy thousand only). Copy of Supply Order No. 13AT0230 dated 14 Jan 2013 is enclosed as Annexure-10.

    vii.            Director is not authorized to execute any civil works under build up. The only authorized agency to carried out said civil construction works under DRDO is MES. First items have been purchased on 14 Jan 2013 and the construction has been executed on 8 May 2013. As M/s Gupta Construction is not registered vendor of DMSRDE so Supply Order should not be executed to M/s Gupta Construction under Purchase Management 2006 of DRDO.

10.      Massive Structural Alterations/Additions in R&D House DMSRDE, Kanpur by Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur and Mr. Shielendra Kumar were executed during 01 March 2011-30 Sept 2013 in which unauthorized construction has been done by misuse of power, diversion of MES fund and misappropriation of funds. Approximate amount of Rs. Thirty lakhs were expenditure in illegal & unauthorized construction in Government accommodation at DMSRDE by Dr. Arvind Kumar Saxena.   

11.    In aforesaid above mentioned cases Corruption has been meted out by Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur and Mr. Shielendra Kumar, Scientist ‘E’, Head, Material Management Group and  Head, Estate & Works Division by misuse of powers for personal gain for which they were not authorized to do  under DRDO Purchase Management 2006.

Therefore, in light of the above mentioned facts and evidences, I it is requested you to issue order for inquiry and disciplinary action against Mr. Shielendra Kumar, Scientist ‘E’ and Dr. Arvind Kumar Saxena, Director, DMSRDE by CVO, Ministry of Defence.

ANNEXURE-10

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