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INTENT FOR CRIMINAL MISCONDUCT UNDER SECTION 13(1)(d) of PC ACT 1988 in PROCUREMENT OF FUME HOOD AT DMSRDE KANPUR BY DIRECTOR, DMSRDE, KANPUR

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To
Dr D C Pande,
Scientist ‘H’, Outstanding Scientist
For DS up gradation list 2014 seniority no 10
Chairman 2nd Fact finding Committee constituted for DMSRDE corruption
LRDE, DRDO, Bangalore   

Subject – Intent for corruption & criminal misconduct u/s 13(1)(d)of PC Act 1988 by Director, DMSRDE

Reference – Complaint to CVC – DMSRDE FUME HOOD PROCUREMENT CASE dated 22 January 2014 on the subject “Corruption in procurement of Fume Hoods in DMSRDE Kanpur officers involved in procurement”.

Sir,

For your kind attention on the complaint under reference on the subject cited above. In this procurement case Scientists of DMSRDE, DRDO were involved.

DGR&D, DRDO is trying to protect the corrupt Scientists of DMSRDE who involved in Corruption by means of illegal FFIC. In this series he constituted two FFIC which made investigation on 13-14 March 2014 and 9-10 July 2014. First FFIC gave clean chit to Dr. AK Saxena and beyond their constitutional rights recommended two scientists transfers as penalty. This is the example case in government department where fact finding committee chairman acts as judge or DRDO Hqrs’s top management used him for unconstitutional act. This brilliant idea was came from the Dr. W Selvamurty’s great चेला ( who is running DRDO administration because everyone knows that our DRDO, DG is always busy with cooking, out of the way promotion and directorships for his ………….., so he leaves all the conspiracy acts to his administrative man like his predecessor did. Beside the whole organization witnessed the exemplary result of Dr. Arun Kumar, the predecessor’s  Great चेला .

It is not new for DRDO, DRDO never take lessons from the failure of projects, that’s why Hon’ PM said on 19th August 2014 to DRDO’s so called ऋषि  leave the “चलताहै ” attitude.

The report of second FFIC is still awaited, GOD knows what will Pande ji do, it is very interesting to see his report outcome and maybe you are waiting for DS list.

Bye they way please go through some astonishing facts of only one case as a example which establish how tampering of evidences and fabrication of documents took place in DMSRDE.

Under the various guidelines of CVC, Hon’ble Supreme Court & High Court Judgments, the intent/intention for criminal misconduct is sufficient ground for section 13(1)(d) of PC Act 1988.

The DMSRDE scientists are involved in Criminal Misconduct under section 13(1)(d) of PC Act 1988 which is established by following facts.

  1. Supply Order of Rs. 45,76,005.00 was issued to KAN-THT (INDIA) Pvt. Ltd., Delhi vide SO No. 14AT0089 dated 19 November 2013.(Copy Enclosed)
  2. Original Delivery Period (ODP) was 28 Feb 2014.
  3. Complaint was made to CVC on 22 January 2014.
  4. Supply Order was cancelled by Director, DMSRDE under planned conspiracy between Director, DMSRDE and KAN-THT India, Delhi.
  5. Commercial Invoice No.  BIOBASE20140123IN dated 22 and 23 January 2014 was issued from JINAN BIOBASE BIOTECH CO. LTD., CHINA to KAN-THT in the name of DMSRDE, Kanpur, I don’t think corrupt official of DMSRDE even know about this. (Copy of the Invoice is enclosed.
  6. From Invoice of Biobase, China it is quite evident that KAN-THTwas mediator in whole procurement deal and SO was issued to KAN-THT not to Biobase, China. Since SO was issued to KAN-THT India, Delhi then how Biobase, China issued Commercial Invoice of the Fume Hoods on name of DMSRDE, Kanpur.
  7. The price of 14 No.  of Fume Hood 1200C as per invoice dated 22 and 23 January 2014 is total $ 35000.00 as per conversion rate of one $ = 62 Rs. 2170000.00 (Rupees Twenty one Lakh Seventy thousand only)
  8.  The cost of supply order for 14 No. of Fume Hood 1200C as per SO dated 19 November 2013 in INR is Rs. 45,76,005.00(Rupees Forty five lakh seventy six thousand and five only).
  9. Therefore the difference in prices of Supply Order and Invoice is Rs. 24,06,005.00 (Rs. 4576005.00 – Rs. 2170000.00). The difference of amount of Rs. 24,06,005.00 was not justify, if you plus other expenses like transport/installation/profits etc not come more than 30 to 40%  the nexus between, DMSRDE officials and KAN-THT India, Delhi can clearly establish.
  10. The supply order was cancelled under exposure of deal & pressure of my complaint to CVC on subject matter. Cancellation of supply order itself shows that there was no need of Fume Hoods in DMSRDE and procurement was initiated just to get fatty commission by corrupt officials of DMSRDE. Therefore total amount of Rs. 4576005.00 of public money was going in wastage and major part of this, more than 50% was going in pocket of DMSRDE corrupt officer
  11. Mere cancelation of Supply Order cannot dilute their crime under section 13(1)(d) PC Act 1988 and their involvement in criminal misconduct. It is very clear that Dr. Arvind Kumar Saxena, Director, DMSRDE was having intent for corruption of Rs. 26,14,815.00 and involved in criminal conspiracy and criminal misconduct along with Mr. Ajitendra Singh Parihar, Scientist ‘D’(The Indenter). Mr. Shielendra Kumar, Scientist ‘F’ (Head Estate & Work Division and MMG) and Mr. Ajay Chandel, Head of KAN-THT India, Delhi.
  12. Till date no action has been initiated by Sri Avinash Chander, DGR&D, DRDO against Dr. Arvind Kumar Saxena, Director, DMSRDE despite he is fully aware of the real facts and truth of the case.

The crux of above case is how DRDO purchase manual manipulated in this case

  1. As per invoice of Biobase, China the billing address is DMSRDE and shipping address is also DMSRDE, it means Dr. Arvind Kumar Saxena, Director, DMSRDE very well knows that if they ask CDC from CC R&D, DRDO who is suppose to issue CDC in the case of domestic suppliers will ask the copy of purchase order placed by domestic supplier to foreign supplier as well as the copy of invoice issued by foreign supplier to domestic suppliers and it is clear mandate that the more than 30% of the invoice cost are not allowed.
  2. If the billing and shipping is direct to DMSRDE or any establishment than Director is suppose to issue CDC.
  3. In this case as per Biobase, China invoice custom can made party for damrage charges to DMSRDE and DRDO lose its credentials.
  4. This the mechanism to fooling the CDA and Government of India after making so many rules and precautions DRDO officials busy in research to fix the poor tax payers money.

In light of aforesaid facts, I kindly request you to submit your true findings& recommendations in FFIC report and leave the DS promotion list to almighty GOD’s disposalas these corrupt top DRDO officials could not write your faith.

Although as per DOPT Guidelines for FFI, you should call me for personal hearing but you make that technical lapse, still I again like to inform you that there are several trump cards that has not been revealed till so far as your FFIC did not gave personal hearing to me.

Besides this I would also remind you very humbly that like your Bigboss Sri Avinash Chander, you will not submit false report to protect Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur as Sri Avinash Chander submitted false report to protect his friend Dr. Arun Kumar. That everybody knows the effort of Bigboss was failed and Dr. Arun Kumar was treated properly by Hon’ble Defence Minister Sri AK Antony.

Hope you will listen your heart’s voice “अब  कितने  दिन  बाकि  है  वैसे भी  लगता  है  मोदी  जी   ने    एक्सटेंशन  बंद करने  का  मन बना  लिया  19 अगस्त को  जैसा  की  उन्होंने  कहा  की  मुझे  5 लैब्स  ऐसी  चाहिए  कि   जिसमे  35  वर्ष  से ऊपर   कोई   नहीं  हो”  समझने  वालो  के  लिए  इशारा  ही  काफी  होता।

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

Enclosed

  1. Supply order details
  2. Specifications
  3. Copy of Invoice of Jinan Bio Base Biotech Co Ltd,  China

Copy to

  1. CVC,  CENTRAL VIGILANCE COMMISSION, Satarkata Bhavan , A-Block, GPO Complex , INA, New Delhi – 110 023
  2. CVO, MOD, Room No 340, Office of Director of Vigilance, B- Wing Sena Bhawan, Rajaji Marg, New Delhi -110105

Supply order detailsfume supply order

SpecificationsFumeHood specification

Copy of Invoice of Jinan Bio Base Biotech Co. Ltd,  ChinaFumeHood invoiceFumeHood stand invoice

Some more facts

DMSRDE raised demand under works headfume demand

Quotation received for same Fume hood Model FH 1200 from Jinan Bio Base Biotech Co. Ltd,  Chinafume quotation

Tender inquiry for Fume Hoodfume tender

Drdo

Complaint against Dr A K Saxena, Director, DMSRDE, DRDO, Kanpur -III

1 Comment
To                                                                                                
Central Vigilance Commissioner,
Central Vigilance Commission,
Satarkta Bhawan, A- Block,
GPO Complex, INA,
New Delhi-110023

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 1st 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: cvc sarkanda table1

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 residentialcvc sarkanda table2

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.cvc sarkanda table3

     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.

Prabhu Dandriyal                                                  28th  December 2013                                                                                 
21-Sunderwal, Raipur, Dehradun -248008                                                                              
0135-2787750 – 91-9411114879 Email-prabhudoon@gmail.com,  www.corruptionindrdo.com

ANNEXURE-10

INDEX cvc sarkanda table4

To,                                                                                                                 
Joint Secretary (Estt.) and Public Grievances & CVO,
Ministry of Defence, Government of India, 97, South Block,
New Delhi -110 105
 
To
Sh Avinash Chander
SA to RM,DG,DRDO
Room No 541, DRDO Bhawan
Rajaji Marg, New Delhi – 110105
 
To                                                                                                                              
The Defence Minister
Room No -104, South Block
New Delhi – 110011