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CVC-CVO-DVS,DRDO Reminder

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To Date – 13th February 2015
Chief Vigilance Commissioner
Central Vigilance Commission
Satarkata Bhawan, A Block, GPO Complex, INA
New Delhi – 110004

To
The Joint Secretary (Estt.) and Public Grievances & CVO,
Ministry of Defence, of India,
97, South Block,
New Delhi -110 105.

To
The Director
Directorate of Vigilance & Security
DRDO, Ministry of Defence
DRDO Bhawan, Raja Ji Marg
New Delhi-110011

SUBJECT
INVESTIGATION & INQUIRY OF COMPLAINTS OF CORRUPTION AGAINST DR. A.K. SAXENA, DIRECTOR, DMSRDE, KANPUR UNDER DRDO, MOD.

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 Dr. Arvind Kumar Saxena, Director, DMSRDE 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 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 but no action taken by DRDO against Dr. A.K. Saxena, Director.
Despite since long time all 12 complaints are still pending with Dte of Vigilance & Security (DVS), DRDO HQ, New Delhi and no action has been taken against Dr. A.K. Saxena.
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. even after making corruption in tunes of croresis 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 to take appropriate action in the matter and provide the status of complaints.In case the appropriate action on complaints has been taken then kindly provide copy of inquiry report.
Prabhu Dandriyal
21-Sunderwala, Raipur
Dehradun – 248008

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.

Drdo

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

2 Comments
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

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I smell malicious intention by DRDO officials, claims former Agni V programme director RK Gupta

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Pranay Upadhyay, CNN-IBN Feb 06, 2015 at 12:35pm IST
New Delhi: A day after the project director of nuclear-capable Agni 5 missile programme at DRDO RK Gupta was removed, a letter has surfaced in which he has claimed that he was targeted by former DRDO chief Avinash Chander.
“I feel dishonoured the way I was treated. I smell malicious intention. My whole family is undergoing mental agony. In case of any untoward incident or accident, I fix responsibility on Dr Avinash Chander and Dr VG Sekaran,” Gupta writes in his letter.
Gupta was removed as director of Agni V programme a day after a successful test. While DRDO sources termed the transfer as “routine”, the officer alleged that he was singled out by two senior officials within the organisation including former chief Avinash Chander, who demitted his office on January 31.

While DRDO sources termed the transfer as "routine", the officer alleged that he was singled out by two senior officials within the organisation including former chief Avinash Chander, who demitted his office on January 31.
While DRDO sources termed the transfer as “routine”, the officer alleged that he was singled out by two senior officials within the organisation including former chief Avinash Chander, who demitted his office on January 31.

Gupta has complained to the Defence Ministry that he received the letter, dated January 9, only on February 2 when he reached his office after the successful launch.
“With all humility and respect, I wish to bring to your notice that on February 2, I was relinquished from the post of project director Agni-V. I am shocked that such bad treatment is meted out to such a senior scientist with an excellent track record throughout service tenure,” he said in his letter to Defence Secretary RK Mathur, who is also holding the additional charge of DRDO.
Incidentally, Gupta’s name had come up in connection with the sudden termination of Chander’s contract by the government, 15 months ahead of his tenure.
It was then rumoured that one of the reasons for Chander’s removal was three complaints filed by individuals including by Gupta who has denied any such move.

Drdo

RTI – PMO – Interact with Hon’ble Prime Minister of India

2 Comments
To                                                                                                   Date – 26th January 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  PMO website regarding Interact with Honorable Prime Minister of India. It is observed that when citizen of India submitted some feedback, suggestions to improve system or information regarding misuse of fund & power by authorities, PMO officials are taking these inputs as personal grievances of individuals rather than taking inputs in national interest. The PMO officials forwarding that information directly to concern organizations without concealing the name of individuals, it may be affect the carrier of individual or authorities can target to harass the individual.

  1. Kindly provide the PMO policy for handling the inputs receiving in Interact with Honorable Prime Minister of India.
  2. Whether government officials can send feedbacks of their respective organization.
  3. PMO officials who are handling these inputs/feedbacks/infarctions are permitted to disclose the name of individual to his/her department superiors.
  4. Whether government officials who are submitting inputs in PMO website in Interact with Honorable Prime Minister of India are violating CCS (Conduct) Rule 1964, Rule 20 or any other CCS Rules (Yes/No)

 

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/2015/60215
Drdo

Request for the sanction of fund from Prime Minister’s relief fund for filing PIL

17 Comments
To                                                                                                             9th December 2014
Honorable Shri Narendra Modi
Prime Minister
PMO, Room No -102 South Block
New Delhi-110011

SUBJECT: Request for the sanction of fund from Prime Minister’s relief fund for filing PIL

Honorable Sir,

                          The foul smell coming out of DRDO in particular the misuse of government funds and misinterpretation of government rules have been sent to successive government since 2001.

So far barring a few dent the fundamental change expected by countryman have not been observed, may the reason known to successive Defence Ministers.

There was growing hope of countries scientific fraternity and as well as common man of India that Honorable Prime Minister Shri Narendra Modi ji will take appropriate action against the corrupt officials of DRDO. When several cases of extensions were put up for approval it was denied. The culprits were furious and looking for safe exit, however, when the contractual appointment of Sh Avinash Chander, DG, DRDO, SA to RM, Secretary, DRD was continued, the message delighted the corrupt officials, operating within the four walls of DRDO.

DRDO can spend government fund for manufacturing Silver Rath of Rs 2.5 Crores without having any approval from competent authority. The existence of Controller Defence Accounts is also not visible. And above all our government is keep mum on this unethical, irresponsible act of DRDO bosses.

Sir, an enclosed PIL is almost ready for submission to honorable court and we seek financial assistance for national interest from Prime Minister’s relief fund as court expenditure for the sake timely action to save premier defence organisation of the country.

Thanking You

Prabhu Dandriyal
www.corruptionindrdo.com
21-Sunderwala, Raipur.Dehradun-248008

Enclosed –  Public interest litigation (PIL)                 

IN THE HIGH COURT OF JUDICATURE AT DELHI

*****

I N D E X

IN

CIVIL MISC. WRIT PETITION (PIL) NO.                 OF 2014

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal

…Petitioner

Versus

  1. Union of India through the Cabinet Secretary, Government of India, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi and others.

…Respondentsindex1

index2

index3

 

Dated _____________ 2014

(                                                    )

Advocate

Counsel for the petitioner

Chamber No.         High Court, Delhi
IN THE HIGH COURT OF DELHI AT NEW DELHI

*****

LIST OF RELEVANT DATES & EVENTS

IN

CIVIL MISC. WRIT PETITION (PIL) NO.                 OF 2014

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal son of Late Shri R N Dandriyal

Resident of 21, Sunderwala, Raipur Road, Dehradun-248008

…Petitioner

Versus

  1. Union of India through the Cabinet Secretary, Government of India, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi-110011.
  2. Secretary, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.
  3. Secretary, Ministry of Defence, South Block, New Delhi-110011
  4. Shri Bhanu Pratap Sharma, Special Secretary and Establishment Officer, DOPT, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.

…Respondentsevents1

 

events2

 

events3

 

Dated _____________ 2014

(                                                    )

Advocate

Counsel for the petitioner

Chamber No.         High Court, Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI

*****

         CIVIL MISC.  STAY APPLCIATION No.               OF 2014

(Under Chapter XXII Rule 1 of the High Court Rules)

         On behalf of:-

PRABHU DANDRIYAL, 21, SUNDERWALA, RAIPUR ROAD , DEHRADUN-248008

…Petitioner

IN

CIVIL MISC. WRIT PETITION (PIL) NO.                 OF 2014

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal son of Late Shri R N Dandriyal

Resident of 21, Sunderwala, Raipur Road, Dehradun-248008

…Petitioner

Versus

  1. Union of India through the Cabinet Secretary, Government of India, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi-110011.
  2. Secretary, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.
  3. Secretary, Ministry of Defence, South Block, New Delhi-110011.
  4. Shri Bhanu Pratap Sharma, Special Secretary and Establishment Officer, DOPT, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.

…Respondents

To,

The Hon’ble the Chief Justice and his other companion  judges of the aforesaid court.   The humble application on behalf of above named, Petitioner, Most     Respect fully Showeth as under:

That the full facts and circumstances of the case have been stated in the accompanying writ petition (PIL), which forms part of this application.

PRA YER

It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to quash the appointment letter dated 31 May 2013 and direct the Respondent No. 1 & 2  to ensure the cancellation of appointment on contract (contractual appointment) of  Shri Avinash Chander who is presently holding charge of Director General R&D, DRDO, Scientific Advisor to Raksha Mantri and  Secretary , Department of Defence R&D on contract with effect from 01 December 2014.

It is further prayed that this Hon’ble Court may graciously be pleased to issue orders to respondent no. 1 to investigate all the complaint made against Shri Avinash Chander to Hon’ble Prime Minister of India, PMO in time bound manner and submit the inquiry report before this Hon’ble Court within one month.

During the pendency of the present Writ Petition(PIL) , and/ or pass such other and further order which this Hon’ble Court may deem fit and proper in the nature and circumstances of  the  case.

Dated _____________ 2014

(                                                    )

Advocate

Counsel for the petitioner

Chamber No.         High Court, Delhi

IN THE HIGH COURT OF JUDICATURE AT DELHI

*****

CIVIL MISC. WRIT PETITION (PIL) NO.                 OF 2014

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal son of Late Shri R N Dandriyal

Resident of  21, Sunderwala, Raipur Road, Dehradun-248008

…Petitioner

Versus

  1. Union of India through the Cabinet Secretary, Government of India, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi-110011.
  2. Secretary, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.
  3. Secretary, Ministry of Defence, South Block, New Delhi-110011.
  4. Shri Bhanu Pratap Sharma, Special Secretary and Establishment Officer, DOPT, Ministry of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.

…Respondents

To,

The Hon’ble the Chief Justice and his other companion Judges of the aforesaid court.

The humble application on behalf of above named, Petitioner, Most Respectfully Showeth as under:

  1. That this is the first Public Interest Litigation filed on behalf of the petitioner on the subject before this Hon’ble Court and no other Writ Petition/Public Interest Litigation has been filed with the same cause of actio
  2. That the Petitioner has not received any caveat as yet from any of the respondents. The expenditure of the petition is managed by the petitioner himself.
  3. That the petitioner has no personal grudge against any one and the purpose of filing this Public Interest Litigation is not to harm anyone with any personal motive.
  4. That the Petitioner has neither personal interest in the matter nor any grudge against anybody in filing the Public Interest Litigation. The Petitioner is totally devoted to promote transparency and accountability and ensure to contain corruption in post-retirement appointment on contract of Shri Avinash Chander posted on contract as Director General R&D, DRDO, Scientific Advisor to Raksha Mantri and Secretary , Department of Defence R&D  for 18 weeks with effect from 01 December 2014 to 31 May 2016.
  5. That under the provisions of Government of India(Allocation of Business) Rules 1961 , Allocation of Business – The business of the Government of India shall be transacted in the Ministries, Departments, Secretariats and Offices specified in the First Schedule to these rules and the distribution of subjects among the departments shall be as specified in the Second Schedule to these Rules.
  6. That Department of Defence Research and Development (Raksha Anusandhan aur Vikas Vibhag) is under Ministry of Defence in First Schedule of AOB Rules 1961 and under the provisions of The Second Schedule (Rule 3) of AOB Rules 1961, the Distribution of Subjects Among The Departments for the Department of Defence Research and Development is annexed as Annexure-A1 to this PIL.
  7. That under the provisions of Rule 2(i) of CCS(CCA) Rules 1965 the Head of Department is defined as “head of the department” for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the department under the Fundamental and Supplementary Rules or the Civil Service Regulations, as the case may be.
  8. That under the provisions of Rule 2(j) of CCS(CCA) Rules 1965 the Head of Office is defined as “head of the office” for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the office under the General Financial Rules.
  9. That Defence Research & Development Organisation (DRDO) is an organisation under Department of Defence R&D, Ministry of Defence. Head of Department and Head of Office in DRDO is Secretary , Department of Defence R&D who is also holding posts of Director General Research & Development and Scientific Advisor to Raksha Mantri simultaneously.
  10. That Defence Research & Development Organisation (DRDO) is having vision ” Make India prosperous by establishing world class science and technology base and provide our Defence Services decisive edge by equipping them with internationally competitive systems and solutions ” and Mission ” Design, develop and lead to production state-of-the-art sensors, weapon systems, platforms and allied equipment for our Defence Services , Provide technological solutions to the Services to optimise combat effectiveness and to promote well-being of the troops and Provide technological solutions to the Services to optimise combat effectiveness and to promote well-being of the troops”.
  11. That DRDO is having budget of Rs. 15283 crore for the FY 2014-2015 in Union Budget 2014 and this is fund is controlled by Secretary, Department of Defence R&D, DGR&D and SA to RM.
  12. That DRDO is having 52 establishments and approx. 30000 employees including 7500 Scientists. The Head of DRDO is holding three post simultaneously DGR&D, SA to RM and Secretary, DRD. He is having control over 30000 employees, 52 establishments and Rs. 15283 crore of public money.
  13. That DRDO is having seven technology based domain cluster with seven Director General(DG) and more than 20 Corporate Directorate headed by more than 8 Chief Controller Research & Development(CCR&D) . Most of the DG and CCR&D are on extension in service beyond 60 years. The copy of the Organisation Chart of DRDO is annexed as Annexure- A2 to this PIL.
  14. That statutory Recruitment & Promotion Rules for DRDO Scientists under Defence Research & Development Service (DRDS) cadre of DRDO are called as Defence Research & Development Service Rules 1979 (DRDS Rules 1979). All recruitment and promotions of scientist are made under these Rules. There is no provision of appointment on contract in recruitment methods  under DRDS Rules 1979.
  15. That Establishment Officer’s Division (EO Division) , DOPT, Ministry of Personnel, Public Grievances & Pensions,  Government of India processes all proposals for senior appointments in the Government of India that require approval of the Appointments Committee of the Cabinet under the Government of India Transactions of Business Rules, 1961. These include Board level appointments in Public Sector Undertakings and appointments to the posts at the level of Joint Secretary. In addition, all appointments by promotion that require ACC approval are processed through the E.O. Division. For this purpose, the Establishment Officer functions as the Secretary to the Appointments Committee of the Cabinet.
  16. That  Appointments Committee of the Cabinet(ACC) approves  appointments to several top posts under the Government of India. The committee is composed of the Prime Minister of India (who is the Chairman), the Minister of Home Affairs and the Minister in-charge of the concerned Ministry. The Establishment Officer’s Division (EO Division) processes all proposals for senior appointments in the Government of India that require approval of the Appointments Committee of the Cabinet under the Government of India Transactions of Business Rules, 1961. The Appointments Committee of the Cabinet, reconstituted in June 2014. Now Prime Minister and Home Minister to constitute Appointments Committee on Cabinet and will no longer have ‘minister in-charge of the concerned ministry’ as member.
  17. That Shri Ajit Kumar Seth, IAS (DOB: 24 Nov 1951) appointed as Cabinet Secretary, Government of India by Appointment Committee of Cabinet(ACC) for two years with effect from 14.06.2011 to 13.06.2013. His tenure was further extended for one year with effect from 14.06.2013 to 13.06.2014. His tenure was again extended for 06 months with effect from 14.06.2014 to 13.12.2014. His tenure has been again extended for six month beyond 13 Dec 2014 by ACC.
  18. That Shri Bhanu Pratap Sharma, IAS was appointed as Establishment Officer & Additional Secretary, DOPT, Ministry of Personnel, Public Grievances & Pensions by Appointment Committee of Cabinet(ACC) on 23.11.2011 and by order dated 03.11.2014 of ACC , he has been appointed as Special Secretary and Establishment Officer, DOPT.
  19. All the extensions in service beyond age of 60 years are made through DOPT, DPRC, Screening Committee headed by Cabinet Secretary and ACC headed by Hon’ble Prime Minister. ACC is constituted of three members- Hon’ble Prime Minister, Hon’ble Home Minister and Hon’ble Minister of concerned Ministry.
  20. That Shri Avinash Chander (DOB: 06.11.1950) joined DRDO in August 1972. He was appointed as Chief Controller Research & Development (Missiles & Strategic Systems) on 11 May 2011 and that time he was holding rank Distinguished Scientist in 75,500-80,000/- (HAG+ Scale)  with effect from 14.06.2006. His date of retirement was 30 November 2010 but Government gave extension in service to him for two years beyond  60 years and up to 62 years from 01 December 2010 to 30 November 2012. Government gave further extension of two years beyond 62 years and up to 64 years age from 01 Dec 2012 to 30 November 2014.
  21. That procedure to Grant of extension/re-employment to Central Government servants beyond the age of superannuation covered by DOPT OM 26012/6/2002-Estt. (A) dated 09 December 2002 , DOPT OM No. 26012/8/2011-Estt. (A) dated 16 May 2011 and DOPT OM No. 22/35/2011-E0 (SM.I1) dated 24 September 2014. Copies  of the DOPT OMs dated 09 December 2002 and dated 16 May 2011 is annexed as Annexure-A3 ,  Annexure-A4 and Annexure A5 to this PIL.
  22. That the for consideration of cases of extensions in service beyond age of 60 years for scientists in DRDO are covered by Office Memorandum of DOPT issued time to time. These OMs are OM No. 26012/15/2010-Estt(A-IV) dated 4th May 2011, OM No. 26012/7/2013/Estt.(A-IV) dated 26th June 2013 and OM No. 26012/7/2013-Estt(A-IV) dated 26th September 2014. All the proposals for extension in service are processed through DPRC constituted by these OMs of DOPT. Copies of OMs dated 4th May 2011, 26th June 2013 and 26th September 2014 are annexed as Annexure-A6  , Anexure-A7 and Annexure-A8 to this PIL.
  23. That the Screening Committee headed by Cabinet Secretary for considering the proposals for extensions beyond  62 years and up to 64 years of age is constituted by DOPT OM No. 26012/15/2010-Estt/A-IV dated 4th May 2011 and DOPT OM No. 26012/12/2013-Estt.(A) 13th June 2013.  Copies of DOPT OMs dated 4th May 2011 and 13th June 2013 are annexed as Annexure-A9 and Anexure-A10.
  24. That under the provisions of DOPT OMs at Annexure-A3, Anexure-A4 and Anexure-A5 and FR 56(d) for extension beyond 62 year and up to 64 year age two conditions should be fulfilled-(i) the Scientist should have international stature (ii) such extension should not  block promotion opportunities of others in the Department.
  25. That Bio-Data of Shri Avinash Chander, DS & CCR&D (MSS) is annexed as Annexure-A11 to this PIL. Bio-data of Sri Avinash Chander, DS & CCR&D(MSS) shows that he was not having International Stature in field of Science & Technology. Therefore DPRC headed by DGR&D, SA to RM and Secretary, DRD and Screening Committee headed by Cabinet Secretary illegally recommended the name of Shri Avinash Chander for extension from 62 to 64 year age in gross violation of FR 56(d) and DOPT OMs. The ACC approved the extension of Shri Avinash Chander based on recommendations of DPRC and Screening Committee and did not applied their mind to see the rule position and documents on record in file. Besides these DPRC, Screening Committee and ACC violated provisions of the FR 56(d) and second condition as Shri Avinash Chander was Distinguished Scientist from 14.06.2006 and his second extension blocked  the promotion opportunity of other senior Scientists having rank of Outstanding Scientists as vacancy of   Distinguished Scientist in DRDO is very limited 08-10 during the 2010-2012. Fundamental Rules are statutory rules and extension in violation of Fundamental Rules 56(d) was unconstitutional.
  26. That in any circumstances DRDO Scientists cannot get extension beyond 64 year age under the provisions of FR 56(d) and DOPT OMs on grant of extension in service.
  27. That Appointment Committee of Cabinet(ACC) headed by Prime Minister as Chairman, Home Minister and Defence Minister as members approved the  regular appointment and appointment on contract after retirement of Shri Avinash Chander as Secretary, Department of Defence Research & Development-cum-Director General, Defence Research and Development Organisation and Scientific Adviser to Raksha Mantri for a period of three years from the date of assumption of charge or until further orders, whichever is earlier by order 31 May 2013.   Copy of the order    I2/9/2013-EO (SM.I) , Secretariat of the Appointment Committee of Cabinet, DOPT dated 31 May 2013 is annexed as Annexure-A12 of this PIL.
  28. That according the appointment letter dated 31 May 2013 of Shri Avinash Chander as Secretary DRD -cum- DGR&D and Scientific Advisor to Raksha Mantri , ACC approved  that “The appointment of Shri Avinash Chander beyond his date of retirement i.e. 30.11.2014 would be on contract basis with the same terms and conditions as he would be entitled to Secretary (DRD) before the date of retirement”.
  29. That , the list of Scientists of DRDO considered for the post of Secretary (DRD) by ACC in May 2013 is enclosed as Annexure -A13 to this PIL.
  30. That Shri Avinash Chander retired on 30th November 2014. In this connection Press Release was issued by PIB, MOD on 28th November 2014 at 18:48 IST. Copy of Press Release of PIB , MOD dated 28  November 2014 is annexed as Annexure-A14 to this PIL. According to press release of PIB “The appointment of Dr. Avinash Chander beyond his date of retirement i.e. 30.11.2014 for 18 months would be on contract basis, with the same terms and conditions as he would be entitled to Secretary (DRD) before the date of retirement. His contractual term will end on 31 May 2016”.
  31. That DOPT issued two OMs No. AB.14017/34/2008-Estt. (RR) (Pt.) dated 17th June, 2013 and AB.14017/34/2008-Estt. (RR) (Pt.) dated 16th June, 2014 regarding need for contract appointment in the Ministry/Department. These two OMs of DOPT clarified that till date Government has not finalised the policy/rules for appointment on contract in SAG/HAG scale. Copy of OMs dated 17th June, 2013 and 16th June, 2014 is annexed as Annexure-A15 to this PIL.
  32. That in reply to Unstarred Question NO-2871 put by Sri E.M. Sudarsana Natchiappan, MP in Rajya Sabha on 06.09.2012 on Appointment of Secretaries on contract basis, it was informed by Hon’ble Shri V. Narayanasamy, Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office that “there is no policy formulation for appointing the Secretaries in Union Ministries and Departments on contract”. Copy of the reply dated 06.09.2012 is annexed as Annexure-A16 to this PIL.
  33. The Department of Personnel and Training (DoPT), in its reply to Lok Sabha MP Asaduddin Owaisi, has stated that “Government servants are allowed to continue in service after 60 years in rare and exceptional cases.” It is relevant to mention here that the news was published on 28 May 2012 in Hindustan Times stating “Contractual appointment post-retirement not in rules” based on reply given by DOPT, Ministry of Personnel in 15th Lok Sabha. Copy of the News published in Hindustan Times dated 28 May 2012 is annexed as Annexure-A17.
  34. That several complaints against Shri Avinash Chander are pending before PMO and MOD and  according to rules without vigilance clearance any retired Government employee cannot be appointed on contract as Secretary cum DGR&D and   Scientific Advisor to Raksha Mantri and Head of the DRDO.
  35. That Shri Navin Prakash Gupta resident of Kanpur filed complaint to Hon’ble Prime Minister, PMO regarding “Cancellation of illegal appointment of Sri Avinash Chander, Director General Research & Development, Scientific Advisor to Raksha Mantri and Secretary, Department of Defence R&D by Appointment Committee of Cabinet , Govt. of India” dated 06 August 2014. Copy of the complaint is annexed as Annexure-A18 to this PIL. The said complainant has been disposed of by Group of Secretaries headed by Cabinet Secretary on 12.11.2014 and it was informed by CPIO, Cabinet Secretariat vide his letter dated 26 November 2014. Copy of the letter dated 26 November 2014 is annexed as Annexure-A19 to this PIL. The complainant has not been informed about  outcome/decision of Government on the complaint.
  36. That Shri Navin Prakash Gupta resident of Kanpur filed complaint to Hon’ble Prime Minister, PMO regarding “Doubtful Integrity, Criminal Misconduct, Breach of Trust & Nepotism by Shri Avinash Chander, Secretary, Department of Defence R&D   Ministry of Defence, Government of India” dated 13 November 2014. Copy of the complaint  dated 13 November 2014 is annexed as Annexure-A20 to this PIL. The complaint is still pending before the PMO.
  37. That the petitioner has filed complaint against Shri Avinash Chander to PMO on the subject “Shri Avinash Chander, SA to RM, DG DRDO, Secretary (DRD) patronizing organized corruption in procurement by Dr. A. K. Saxena, Director, DMSRDE, DRDO, Kanpur” dated 13 September 2014. Copy of the complaint dated 13 September 2014 is annexed as Annexure-A21 to this PIL
  38. That the petitioner has filed complaint against Shri Avinash Chander to PMO on the subject ” Example of Shri Avinash Chander’s feudalism in DRDO” dated 14 September 2014. Copy of the complaint dated 14 September  2014 is annexed as Annexure-A22 to this PIL.
  39. That the petitioner has filed complaint against Shri Avinash Chander to Central Vigilance Commissioner(CVC) on the subject “Recruitment of Shri Saroj Kumar Patel, Scientist ‘G’ and Appointment on post of Director, Directorate of Quality, Reliability &Safety (DQRS), DRDO HQ Complaint against Shri Avinash Chander, DG, DRDO, SA to RM, Secretary, DRD” dated 14 September 2014. Copy of the complaint dated 14 September 2014 is annexed as Annexure-A23 to this PIL.
  40. That petitioner has filed complaint against Shri Avinash Chander to Hon’ble Defence Minister on the subject “Shri Avinash Chander is not interested to take any action on DMSRDE corruption cases” dated 01 November 2014. Copy of the complaint dated 01 November 2014 is annexed as Annexure-A24 to this PIL.
  41. That petitioner has filed complaint against Shri Avinash Chander to PMO on the subject “Request for cancellation Post Retirement Contractual Appointment of Shri Avinash Chander as DG, DRDO to save the premier organization from the clutches of corrupt and incompetents officials” dated 26 November 2014. Copy of the complaint dated 26 November 2014 is annexed as Annexure-A25 to this PIL.
  42. That Government is having view that the extensions in service  beyond age of retirement should not be granted to scientists in DRDO as well as other S&T Organisation/Departments. This view of Government has come in media. Specially an article published in issue of 13 October 2014 of India Today. Copy of the article “DRDO has become ageing body with top scientists on extension” is annexed as Annexure-A26 to this PIL.
  43. That despite being so many complaints pending against Shri Avinash Chander, the Government continued his appointment on contract as Secretary, Department of Defence Research & Development-cum-Director General, Defence Research and Development Organisation and Scientific Adviser to Raksha Mantri and he is working on this post on contract with full administrative and financial powers.
  44. That in view of the facts and circumstances stated above, it is expedient in the interest of justice that this Hon’ble Court may be pleased to direct the Respondent no. 1 & 2  to ensure the cancellation of appointment on contract of on contract as Secretary, Department of Defence Research & Development-cum-Director General, Defence Research and Development Organisation and Scientific Adviser to Raksha Mantri and issue order to keep away from post of Secretary, DRD cum DGR&D and SA to RM  during the pendency of the present Writ Petition (PIL).
  45. That the Petitioner has no other efficacious alternative remedy except to approach this Hon’ble Court under Article 226 of the Constitution of India.
  46. That the Petitioner is filing the instant (PIL) writ petition inter-alia on the following among other grounds:-
Uncategorized

RTI – Corporate Social Responsibility (CSR) – MOD

1 Comment
To                                                                                            24th November 2014
Sh A. M. Manichan,
Under Secretary (IC-IV), CPIO,
Ministry of Defence,
Department of Defence,
Sena Bhavan, New Delhi

Hello,

Kindly provide me with the following information requested under the purview of the Right to Information (RTI) Act, 2005 in respect of government funds using by DRDO in the name of CSR. It is observed that senior DRDO official (Dr. S Guru Prasad, Director, R&D E, Pune  told to Sunday Standard on 23rd November 2014 about a silver Chariot made for a temple in Maharashtra under head of corporate social responsibility (CSR).

  1. Provide the copy of approval of Ministry of Defence for create head of corporate social responsibility (CSR) in DRDO.
  2. The year wise allotted budget since its (corporate social responsibility) approval.

Regards

Prabhu Dandriyal,
21-Sunderwala, Raipur, Dehradun -248008
0135- 2787750, 9411114879,
prabhudoon@gmail.com www.corruptionindrdo.com   

Enclosed  -The Copy of the Sunday Standard 23rd November 2014

rathyatra main2

Drdo

RTI- Full Page Advertisement by DRDO – MOD

1 Comment
To                                                                                            24th November 2014
Sh A. M. Manichan,
Under Secretary (IC-IV), CPIO,
Ministry of Defence,
Department of Defence,
Sena Bhavan, New Delhi

 

Hello,

Kindly provide me with the following information requested under the purview of the Right to Information (RTI) Act, 2005 in respect of government funds using by DRDO full page colored advertisement in leading national on 21st November 2014.

  1. Provide the copy of approval of Ministry of Defence for publishing full page colored advertisement in leading national on 21st November 2014.
  2. Total amount spend on above mentioned advertisement by DRDO.
  3. List of news papers in which this advertisement was published.

Regards

Prabhu Dandriyal,
21-Sunderwala, Raipur, Dehradun -248008
0135- 2787750, 9411114879,
prabhudoon@gmail.com www.corruptionindrdo.

Enclosed – The Copy of Advertisement

Registration Number     MODEF/R/2014/62188

21_11_2014_011_005

Drdo

Breach of trust, criminal misconduct and gross violation of CCS (Conduct) Rules 1964 to misguide Hon’ble Defence Minister by Dr. A.K. Singh, Director (Personnel) , DRDO HQ, New Delhi.

20 Comments
To                                                                                            14th November 2014
Hon’ble
Shri Manohar Parrikar,
Defence Minister,
Room No -104, South Block,
New Delhi-110011

 

SUBJECT: Breach of trust, criminal misconduct and gross violation of CCS (Conduct) Rules 1964 to misguide Hon’ble Defence Minister by Dr. A.K. Singh, Director (Personnel) , DRDO HQ, New Delhi.

Hon’ble Sir,

I would like to draw your kind attention towards mischievous acts of Dr. A.K. Singh, Director (Personnel), DRDO HQ who is Scientist ‘G’  belonging to Life Sciences discipline. Though renowned Nuclear Medicine Scientist he is posted in Directorate related to HR like Staff Officer to CCR&D, Director, CEPTAM, DHRD and DOP since the year 2004. He has no knowledge and understanding of HR, Government Rules and Government Orders rather he is expert in manipulation of rules short term gains. Former Hon’ble Defence Minister, himself a renowned lawyer of India was mislead by Dr. A.K. Singh, Director (Personnel), DRDO resulted day by several court cases against DRDO in various courts across the country. Dr. A.K. Singh, Director (Personnel), DRDO is solely responsible for humiliation to DRDO, waste expenditure of public money and trouble to innocent scientists and employees of DRDO.

Due to this DRDO derailed from real task i.e. development of weapon technologies and most of top senior officials busy to tackle court cases and country’s precious time wasted on court formalities and height of this is CC (R&D) HR, DRDO fighting to save himself from jail punishment and wasting poor taxpayers money by engaging 4 top lawyers.

Hon’ble Sir, being an honest and simple person you are traveling in economy class to save public money but senior scientists of DRDO including Dr. A.K. Singh are enjoying business class travel and collecting flying points for family members.

Brief Facts of the Case

  1. A.K. Singh, Director (Personnel) issued Order No. MON.GP/120576/M/01 dated 10 October 2014 by which states that “Competent Authority has come to the conclusion that the appointment of Ms. Swati Srivastava, Scientist ‘B’ (now Scientist ‘C’ ) in DRDO is irregular ab initio. Therefore , the President being the Competent Authority has dispensed with the requirement of holding another enquiry  and has decided to annul the appointment of said Ms.  Swati Srivastava, Scientist ‘B’ (now Scientist ‘C’) in DRDO with immediate effect invoking the provisions of DOP&T OM No. 11012/7/91-Estt. (A) dated 19.05.1993 read with the Rule 19(ii) of CCS(CCA) Rules 1965“. Copy of the Order dated 10 October 2014 is enclosed as Annexure-1.
  2. Therefore it is pertinent to understand the provisions of said DOPT OM dated 19.05.1993 and Rule 19(ii) of CCS(CCA) Rules 1965.

DOP&T OM No. 11012/7/91-Estt. (A) dated 19.05.1993

Action against Government servants to be taken if they are later found ineligible or unqualified for their initial recruitment –

Attention of the Ministries/Departments is invited to Ministry of Home Affairs OM No. 39/1/67- Ests.(A) dated 21.02.1967 wherein it was clarified that departmental action can be taken against Government servant in respect of misconduct committed before his employment. Attention is also invited to the Ministry of Home Affairs OM No. 5/1/63-Estt. (D) dated 30.04.1965 wherein Ministries/Departments were requested to make use of the provision of ‘warning’ inserted in the Attestation Form for taking action against Government servant furnishing false information at the time of appointment.

  1. A question has now arisen as to whether a Government Servant can be discharged from service where it is discovered later that the Government servant was not qualified or eligible for his initial recruitment in service. The Supreme Court in its judgment in the District Collector, Vizianagram vs. M. Tripura Sundari Devi (1990(4) SLR 237 went into this issue and observed as under :-

“It must further be realized by all concerned that when an advertisement mentions a particular qualification and an appointment is made in disregard of the same, it is not a matter only between the appointing authority and the appointee concerned. The aggrieved are all those who had similar or better qualifications than the appointee or appointees but who had not applied for the post because they did not possess the qualifications mentioned in the advertisement. It amounts to a fraud on public to appoint a person with inferior qualifications in such circumstances unless it is clearly stated that the qualifications are relaxable. No Court should be a party to the perpetuation of the fraudulent practice.”

The matter has been examined in consultation with the Ministry of Law and Justice and it has now been decided that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc, for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he is a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed.

  1. Such discharge, termination, removal or dismissal from service would, however, be without prejudice to the right of the Government to prosecute such Government servants.

[Deptt. Of Personnel & Training OM No. 11012/7/91-Estt. (A) dated 19.05.1993]

Rule 19 of CCS(CCA) Rules 1965

Special procedure in certain cases

Notwithstanding anything contained in rule 14 to rule 18-

(i) where any penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, or

(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules,

or

(iii) where the President is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules, the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:

Provided that the Government servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case under clause (i):

Provided further that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case under this rule.

 

  1. Mere reading of the provisions of said OM dated 19.05.1993 stipulates that:
  2. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held.
  3. if the charges are proved, the Government servant should be removed or dismissed from service.
  • In no circumstances should any other penalty be imposed.
  1. All the above three provisions of said OM dated 19.05.1993 were grossly violated in Order No. MON.GP/120576/M/01 dated 10 October 2014 issued by Dr. A.K. Singh under planned conspiracy and mischief the Hon’ble Defence Minister. The major irregularities and facts related to the Order dated 10 October 2014 to annul the appointment of Ms. Swati Srivastava, Scientist ‘C’ are as under:
  2. It is quite obvious from order that charges of illegal appointment on Ms. Swati Srivastava was established as she was not having requisite qualification and submitted false information at time of her initial recruitment.
  3. She became permanent employee of DRDO in past ten years after his appointment in DRDO.
  • In case of permanent employee if the charges are proved, the Government servant should be removed or dismissed from service.
  1. In no circumstances should any other penalty be imposed.
  2. To annul the appointment is totally illegal as there is no such provision to annul the appointment in CCS(CCA) Rules 1965.
  3. Ms. Swati Srivastava was recruited in DRDO for post of Scientist ‘B’ and the case is of recruitment of Ms. Swati Srivastava as Scientist ‘B’.
  • The DOPT OM No. 11012/7/91-Estt. (A) dated 19.05.1993 deals with “Action against Government servants to be taken if they are later found ineligible or unqualified for their initial recruitment”. The whole case of Ms. Swati Srivastava , Scientist ‘C’ was related to her illegal initial recruitment not the appointment.
  • A. K. Singh, DOP mentioned illegal recruitment as irregular appointment.
  1. Inquiry under Rule 14 of CCS(CCA) Rules 1965 was knowingly dispensed/dropped by misusing Rule 19(2) so that penalty of dismissal or removal should not be imposed upon Ms. Swati Srivastava by Dr. A. K. Singh, DOP by DRDO.
  2. Whole exercise and conspiracy was planned by Dr. A. K. Singh , DOP to patronage and protect the interest of Ms. Swati Srivastava , Scientist ‘C’.
  3. Illegal order dated 10 October 2014 was knowingly issued by Dr. A. K. Singh , DOP so that Ms. Swati Srivastava , Scientist ‘C’ can challenge the order dated 10 October 2014 to annul her appointment and come back in DRDO based on court order.
  4. Establishing the above narrated facts, Ms. Swati Srivastava , Scientist ‘C’ moved to Principal Bench of Central Administrative Tribunal vide A./3809/2014 with first hearing on 12.11.2014. Copy of cause list of 12.11.2014 , CAT, New Delhi is attached for ready reference.
  5. Therefore in the interest of DRDO and public of the nation justice should be meted out as per Law and following actions are requested to your honest and transparent office.
  6. Order for dismissal or removal from service of Ms. Swati Srivastava, Scientist ‘C’ should be issued as per obligation of the DOP&T OM 11012/7/91-Estt. (A) Dated 19.05.1993.
  7. A.K. Singh, Director(Personnel) should immediately be removed from post of Director(Personnel) and proper high level inquiry should be conducted for his role in nepotism , conspiracy, breach of trust,violations of conduct rules and wastage of public money.
  8. As all four cases of Recruitment Scam is under probe of CBI vide CVO, MOD note approved by former Hon’ble Defence Minister Sri A.K. Antony on 29.10.2013, therefore this irregularity and misconduct for nepotism by Dr. K. Singh, Director(Personnel) should be referred to CBI to investigate role of Dr. A.K. Singh in issuance of such illegal order dated 10 Oct 2014 to favour Ms. Swati Srivastava, Scientist ‘C’.

 

Regards
 
Prabhu  Dandriyal,
21-Sunderwala, Raipur, Dehradun,
Ph   0135 2787750, Mobile 9411114879,
e-mail id prabhudoon@gmail.com  website   www.corruptionindrdo.comswati srivastava annuling order page 1
swati srivastava annuling order page 2
swati srivastava annuling order page 3
swati srivastava annuling order page 4
swati srivastava CAT case OA Number
 

 

(10) Action against Government servants to be taken if they are later found ineligible or

unqualified for their initial recruitment –

Attention of the Ministries/Departments is invited to Ministry of Home Affairs OM No. 39/1/67-Ests.(A) dated 21.02.1967 wherein it was clarified that departmental action can be taken against Government servant in respect of misconduct committed before his employment. Attention is also invited to the Ministry of Home Affairs OM No. 5/1/63-Estt. (D) dated 30.04.1965 where in Ministries/Departments were requested to make use of the provision of ‘warning’ inserted in the Attestation Form for taking action against Government servant furnishing false information at the time of appointment.

  1. A question has now arisen as to whether a Government Servant can be discharged from service where it is discovered later that the Government servant was not qualified or eligible for his initial recruitment in service. The Supreme Court in its judgment in the District Collector,Vizianagram vs. M. Tripura Sundari Devi (1990(4) SLR 237 went into this issue and observed asunder :-

“It must further be realized by all concerned that when an advertisement mentions a particular qualification and an appointment is made in disregard of the same, it is not a matter only between the appointing authority and the appointee concerned. The aggrieved are all those who had similar or better qualifications than the appointee or appointees but who had not applied for the post because they did not possess the qualifications mentioned in the advertisement. It amounts to a fraud on public to appoint a person with inferior qualifications in such circumstances unless itis clearly stated that the qualifications are relaxable. No Court should be a party to the perpetuation of the fraudulent practice.”

The matter has been examined in consultation with the Ministry of Law and Justice and it has now been decided that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc, for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he is a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed.

  1. Such discharge, termination, removal or dismissal from service would, however, be without prejudice to the right of the Government to prosecute such Government servants.

[Deptt. Of Personnel & Training OM No. 11012/7/91-Estt. (A) dated 19.05.1993]

 

Action against Government Servants who get appointment on the basis of false SC/ST/OBC certificates.

No.36011/1/2012-Estt. (Res.)
Government of India
Department of Personnel and Training
Establishment (Reservation) Section
North Block, New Delhi-110001
Dated the 10th January, 2013.
OFFICE MEMORANDUM

Sub:- Action against Government servants who get appointment on the basis of false SC/ST/OBC certificates.

The undersigned is directed to invite reference to this Department’s OM No.11012/7/91-Estt.(A) dated 19.5.1993 which provides as under:-

“Wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc., for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If, he is probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any penalty be imposed”.

  1. The position was reiterated vide this Department’s OM No.42011/22/2006-Estt.(Res.) dated the 29th March, 2007 that the cases other than those protected by the specific order of the Apex Court should be dealt with in accordance with the instructions contained in the aforesaid O.M. However, it has been observed that disciplinary proceedings in the cases involving appointments on the basis of false/fake caste certificates take considerable time and the persons who have secured employment on the basis of false caste certificates enjoy the benefits of Government service whereas such Government servants should be removed / dismissed from the service at the earliest.
  2. It is requested that disciplinary inquiries involving the matter of securing jobs on the basis of false/fake certificates should be completed in a time bound manner and unscrupulous persons who have got appointment on the basis of fake/ false caste certificates should not be retained in service and should be dismissed / removed thenceforth.
  3. Contents of this OM may be brought to the notice of all concerned.
sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Government of India
Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36011_1_2012-Estt-Res.pdf]