To, 23th July 2016
Shri ManoharParrikar,
Defence Minister,
Room No -104 South Block, New Delhi-110011
Subject: DRDO officials think they are entitled to waste tax payers’ money
Sir,
DRDO officials think they are entitled to waste taxpayers’ money and if Parrikar Sahib asks then they easily convince him in the name of defence preparedness, as they are in well practices in last ongoing cases.
But they don’t know the strength of honest team of DRDO, all are watching devotedly the acts and deeds of each and every corrupt official of DRDO, may be it take few time but everyone know that GOD can do wonder any time, like Parrikar Sahib got the responsibility of Defence..
As you aware Sir, DRDO official having completion of purchasing latest vehicle for their personal use as staff car but GOI banned to purchase luxury vehicle for staff car. Here, in the name of project use for instrument and measurement equipment they manage to procure all available luxury vehicles worth corers of rupees. If you ask the list with photographs all such vehicles are decorated with red beacons and brass plate of designation of user official and they regularly use for their family ride also. Website already submitted lot of evidences, national papers also took the issues but unfortunately DRDO top officials were success to convince you this all done only in the name of defence preparedness of country.
Let see following case is perfect example of fooling the all laid down guidelines of GOI and all it is happening with help financial watch dogs PCDA (R&D). How they are closing their eyes on each and every violations of DRDO?
HEMRL, DRDO, Pune based lab used same tactics and procured an Innova vehicle in the name of “Mobile Instrument Carrier”.Toyota Innova purchased against this tender from a firm “Ms Spar Enterprises, Mumbai“.
The vehicle prepared to use as staff car for Director, fitted red beacon, but unfortunately the matter is reported by Media and an RTI request was submitted by me through PMO.
The vehicle was grounded and the BA number is not even applied by HEMRL for this Toyota Innova.
Last 8th February 2016 the vehicle was taken out without BA number from HEMRL by Shri KPS Murthy, Sc. H,Director, HEMRL and proceeds to VRDE, Ahmednagar accompanied by Cmdr S K Patel, Director, QRS. The vehicle driver was M.B. Ramgude VO ‘C and the vehicle met with accident with MSRDC bus near Krutrim Reshim Paidas Kendra around 11:45 AM, location come under Khadki Police Station, In-charge – Sh. Sushil S Kadam (Senior Police Inspector) Mobile No. 9667977777, Police station Contact No. 020-25818659 / 26208423.
The matter was reported to you on 15th February 2016, here started the DRDO official confidence to fool the country by any means. HEMRL floated a tender for repairing the above road accidental Toyota Innova vehicle again using same name “Mobile Instrument Carrier”, in fact the vehicle never used for said purpose, because there was no such requirement at all, if it was there then why they put Red beacon on it and, why hide after paper and website publish the facts and overall why they not applied for BA number till date.
The according to DRDO Transport policy following are the procedure to procure special dedicated vehicle. But unfortunately HEMRL not followed a single step of above transport policy or neither CDA objected on purchase and as well as repairing case.
Interestingly the “Mobile Instrument Carrier” used only once and two great instrument of DRDO was inside the special carrier. One Shri KPS Murthy, Sc. H & Director, HEMRL and other one Cmdr S K Patel, Director, QRS the husband famous DRDO Agniputri, Ms Tessy Thomas, Director, ASL & RCI, Hyderabad. See the weight of these two instruments.
Unless immediate action taken on culprits, this will go the way of case of Rustom2 Innova misuse by Dr K Tamilmani and his cohorts. Tamilmani after getting pension, now, happily spending life in US, while DFA M Shankar is on deputation to ISRO, and other culprit P Srikumar is in hiding. All escaped and PGD of Rustom2 Sh APVS Prasad is struggling to rectify others misuse. Hence, in HEMRL case, an exemplary action is solicited from honorable RM
So as usual hope for some exemplary action from Parrikar sahib’s office, or DRDO official again success to convince Parrikar sahib this case was done for defence preparedness of country.
Copy of Latest tender for repairing of Toyota Innova alias “Mobile Instrument Carrier”
Photo of Vehicle fitted with Red Beacon
Accident details
Copy Tender of purchase
Transport policy points
HEMRL floated a limited tender for repairing of“Mobile Instrument Carrier” and not put in CPP, inquiry sent to
1. Elevyan Automation and system Pune –
2. Raja Industries Pune
3. Hi-Tech Service Pune
4. Hydroflex Engineering Company Pune
5. Devendra Automobiles Pune
6. V.M. Motor
7. K.M.Motor
8. DSK. Motor
To 23 April 2015 Hon’ble Shri Narendra Modi, Prime Minister, PMO, Room No 152 South Block , New Delhi-110011
SUBJECT:- Misuse of Public Money by making Temporary Duty for personal work or visit native place to meet family member by Dr. Vijay Veer, Director, DRL, DRDO, Tezpur.
Sir,
The office of PCDA (R&D) is public authority under purview of RTI Act 2005 and this office is having own independent CPIO and First Appellate Authority. PCDA (R&D) is not an exempted organisation under section 24 of RTI Act 2005, despite the CPIO, PCDA (R&D) deliberately denying the information related to Establishment Matters of DRDO officials like tour details, LTC details, procurement related information etc just to cover up the corrupt practices of DRDO officials. The main objective of PCDA (R&D) should be to minimise the corruption and save the public money.
In my several RTI’s , CPIO, PCDA(R&D) either denied the information under section 24 of the RTI Act 2005 or transferred the RTI’s to DRDO under section 6(3) of RTI Act 2005, which is unethical practice to promote corruption and non-transparency in the Government System.
Therefore, RTI for CPIO, PCDA (R&D) through PMO with kind request to give order to PCDA (R&D) to follow RTI Act 2005 with true & proper sprit and provide information by strictly following the provisions of RTI Act 2005.
PMO may explore tour details of Dr. Vijay Veer from 01 March 2012 to 31 March 2015 to verify Director misusing official powers for personal gain.
Regards
Prabhu Dandriyal,
21-Sunderwala, Raipur, Dehradun
To 23 April 2015 Smt. Kavita Garg, IDAS, CPIO, PCDA (R&D), West Block-V, R K PURAM,NEW DELHI- 110066
Madam, Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of tour details of Dr. Vijay Veer, Director,DRL, Tezpur from 01 March 2012 to 31 March 2015. .
Copies of all official tour programs from 01 March 2012 to 31 March 2015.
Copies of all the movement orders for his all tour from 01 March 2012 to 31 March 2015.
The details of flying points in specified performa prescribed by LAO, New Delhi.
The information sought is pertaining to allegations of corruption as such not exempted under section 24 of RTI Act 2005.
Dr. Vijay Veer assumed the charge of Director of DRL, Tezpur on 01 March 2012. His wife Dr. Neena Chauhan is serving as Scientist E at Forest Research Institute, Dehradun since beginning of her carrier.
Dr. Vijay Veer is having three immovable properties at Dehradun and his native place is Dehradun.
In Tezpur it was observed that Dr. Vijay Veer is signing his tour program himself while in any other Establishment/Lab of DRDO, Director’s tour programs are signed by CAO/SAO-I/AO/Account Officer.
He is not submitting joining report after tour along with confirmation on Movement Order that he visited to the place for which he made Temporary Duty. Frequent TD resulted, R&D activities of the DRL has been badly suffered. The administration is in bad shape, various CAT cases is the proof DRL scenario.
Surprisingly, Dr. Vijay Veer was on TD even during the marriage & reception of his son at Dehradun in May 2013.
FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005
To, Shri Devendra Kumar Sharma, IDAS Principal Controller PCDA (R&D), West Block-V R.K. Puram New Delhi-110066
Subject: First Appeal under Section 19(1) of RTI Act 2005
Reference
Letter No. AN/RTI CELL/2013/j-p-sharma dated 06.09.2013 issued by CAPIO, PCDA(R&D) , New Delhi
Letter No. AN-I/R&D/RTI CELL/2013/J.P.Sharma dated 18.9.2013 issued by CAPIO, PCDA(R&D) , New Delhi
Sir,
I am distressed by above referred decision of Central Assistant Public Information Officer (CAPIO), PCDA (R&D), New Delhi. I hereby submit this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.
1. Details of appellant:-
Name
J.P. Sharma
Address
J.P. Sharma, Advocate
Chamber No. 64, First Floor
Opposite Bar Council Office
Court Compound, Dehradun-248001(Uttarakhand)
2. Details of Central Public Information Officer (CPIO) whom RTI application was submitted:-
Name & Rank
Dr. Jairaj Naik, IDAS, Jt. CDA, CPIO
Address
O/o PCDA (R&D), West Block-V
R.K. Puram, New Delhi-110066
3. Details of Central Assistant Public Information Officer(CAPIO) who replied the application filed under RTI Act
Name & Rank
Shri D.S. Sheoran, Accounts Officer,CAPIO
Address
O/o PCDA (R&D), West Block-V
R.K. Puram, New Delhi-110066
4. Particulars of Decision/Order of CAPIO against which appeal:-
S.N.
Decision Letter No. & Date
Date
Encl. No.
1.
AN/RTI CELL/2013/j-p-sharma
06.09.2013
1
2.
AN-I/R&D/RTI CELL/2013/J.P. Sharma,
18.9.2013
2
NOTE: Application dated 20.08.2013 received to PCDA(R&D) on 26.08.2013
Copy of the letters received by appellant on 16.09.2013 and 28.09.2013 respectively. Copy enclosed as Enclosure-1 and Enclosure-2.
5. Brief facts leading to appeal:-
(a) An application under Section 6(1) of RTI Act 2005 dated 20 August 2013 was submitted to CPIO, PCDA (R&D), New Delhi for providing information regarding “Bills passed by PCDA (R&D) forwarded by DMSRDE, Kanpur“. Copy of the RTI Application dated 20 August 2013 is enclosed as Enclosure-3.
(b) Central Assistant Public Information Officer (CAPIO), PCDA (R&D), New Delhi transferred the application u/s 6(3) of RTI Act 2005 vide letters cited above.
(c) Under the provisions of Section 6(3) of the RTI Act 2005, the application under RTI Act was illegally transferred by CAPIO, PCDA (R&D), New Delhi with malafide intentions under planned conspiracy with Director, DMSRDE, Kanpur and CPIO, DRDO HQ, New Delhi.
(d) Appellant is intensely upset by the decision of CAPIO, PCDA (R&D), New Delhi and this leads to appellant to file an appeal u/s 19(1) of RTI Act 2005.
6. Reasons/Grounds for First Appeal:-
First Appeal is submitted to First Appellate Authority on following reasons/grounds.
(a) PCDA (R&D), New Delhi is a Public Authority under Central Government of India. As per information available on website of PCDA (R&D), New Delhi “The organisation of PCDA (R&D) is responsible for payment, accounting and internal/local audit functions relating to DRDO“.
(b) PCDA (R&D), New Delhi is the sole custodian of the information sought under RTI Application dated 20 August 2013. Therefore transfer of application under Section 6(3) of RTI Act 2005 is illegal.
(c) Under the provisions of Section 5 (2) of RTI Act, CAPIO is not authorized for transferring the application under Section 6(3) of RTI Act 2005 to any other public authority. CAPIO can only receive the application and forward to CPIO.
(d) Under the provisions Section 5 of RTI Act, only CPIO is authorize to transfer the application under Section 6(3) of RTI Act 2005.
(e) Vide CIC decision in case No. CIC/SS/A/2012/003779/LS dated 27 August 2013 (J.K. Mittal vs. Delhi Police/PHQ), Hon’ble CIC held “CPIO is the fulcrum of the RTI regime. As per section 7(1), it is the mandate of the CPIO to provide information requested for by an informationseeker.RTI application can be transferred only by the CPIO to another CPIO and not by ACPIO”.
(f) The application under Section 6(3) of RTI Act 2005 should be transferred within five days from the date of receipt of the application under the provisions of Section 6(3) of RTI Act. As mentioned above the application dated 20.08.2013 was received in office of PCDA(R&D) on 26.08.2013 therefore the application should be transferred up to 01 September 2013 but transfer of application u/s 6(3) of RTI Act on 06.09.2013 and 18.09.2013 is illegal under the provisions of RTI Act 2005.
(g) Therefore, transfer of application under Section 6(3) of RTI Act 2005 by CAPIO is illegal. Hence both letters issued by CAPIO, PCDA (R&D), New Delhi are illegal and invalid under the provisions of RTI Act.
(h) Appellant is deeply distressed by invalid & illegal decision of CAPIO, PCDA (R&D), New Delhi hence the First Appeal u/s 19(1) of RTI Act 2005 before First Appellate Authority (FAA).
7. Prayer /relief sought for:-
RTI Application dated 20 August 2013 submitted by appellant to CPIO, PCDA (R&D) has been illegally transferred under planned conspiracy of Public Authority of DMSRDE and Public Authority at PCDA including CPIO, CAPIO, PCDA(R&D), Main Branch, New Delhi.
Therefore, appellant kindly prays to FAA, PCDA(R&D) , New Delhi to allow this appeal and issue orders to CPIO, PCDA(R&D) , New Delhi to provide the full information as sought/seek by appellant vide his RTI Application dated 20 August 2013 under the provisions of Section 7(1) of RTI Act.
Under the provisions of Section 7(1) of the RTI Act the information should be provided to appellant with in the thirty days of the receipt of the application. Since the RTI application was received by CPIO, PCDA (R&D) on 26.08.2013 and information sought in the application should be provided by CPIO to appellant till 26.09.2013.
Since the application dated 20.08.2013 was illegally and willfully transferred by CAPIO, PCDA(R&D) with malafide intentions & motives to CPIO, DRDO HQ, DRDO Bhawan, New Delhi. Therefore CPIO and CAPIO both are liable to be imposed penalty u/s 20(1) of the RTI Act and disciplinary action u/s 20(2) of RTI Act by Hon’ble CIC.
8. Grounds for prayer/relief sought for:-
Gross Violation of Section 6(3) of RTI Act 2005 in transfer of application to CPIO, DRDO HQ
a. Provisions of Section 6(3) of RTI Act are reiterated here for your kind information.
Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority,
The public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.
b. PCDA (R&D), New Delhi is a Public Authority under Central Government of India. As per information available on website of PCDA (R&D), New Delhi “The organisation of PCDA (R&D) is responsible for payment, accounting and internal/local audit functions relating to DRDO”.
c. PCDA (R&D), New Delhi is the sole custodian of the information sought under RTI Application dated 20 August 2013. Therefore transfer of application under Section 6(3) of RTI Act 2005 is illegal.
d. The information sought by appellant is not held by DRDO and DMSRDE, Kanpur as information about bills and payments related to vendors who supplied store and services to DMSRDE is held only by PCDA(R&D) for Audit purpose.
e. Therefore PCDA (R&D) is sole custodian of information sought and CPIO, CAPIO or Public Authority could not transfer the application u/s 6(3) of the Act.
CAPIO is not authorize for transfer of application u/s 6(3) of the RTI Act 2005
a. Under the provisions of Section 5 (2) of RTI Act , CAPIO is not authorized for transferring the application under Section 6(3) of RTI Act 2005 to any other public authority. CAPIO can only receive the application and forward to CPIO.
b. Under the provisions of RTI Act, only CPIO is authorize to transfer the application under Section 6(3) of RTI Act 2005 to CPIO of other Public Authority.
c. Vide CIC decision in case No. CIC/SS/A/2012/003779/LS dated 27 August 2013 (J.K. Mittal Vs. Delhi Police/PHQ), Hon’ble CIC held “CPIO is the fulcrum of the RTI regime. As per section 7(1), it is the mandate of the CPIO to provide information requested for by an information seeker . RTI application can be transferred only by the CPIO to another CPIO and not by ACPIO“.
d. Vide the CIC decision mentioned in point(c) above, Hon’ble CIC gave verdict that “As per Section 5(2), APIO is empowered only to receive RTI applications and then transmit them to the CPIO concerned. On the other hand, CPIO is empowered not only to receive RTI applications directly but also to respond tothem. Hence, the functions of the CPIO and APIO are distinct and not co-equal”.
3. Planned conspiracy of CPIO,CAPIO & Public Authority at PCDA(R&D) with Director, DMSRDE, Kanpur and CPIO, DRDO HQ, New Delhi
It is quite evident that information sought should be provided by PCDA(R&D) as this public authority has not been placed under Second Schedule of the Act, thereby PCDA(R&D) is bound to provide the information sought to the appellant within 30 days of receipt of the application under Section 7(1) of the RTI Act.
Under the planned conspiracy of two public authorities PCDA(R&D) and Director, DMSRDE, Kanpur the CPIO did not provided the information to the appellant and illegally manages to transfer the application to CPIO, DRDO HQ (Public Authority – DRDO) through his CAPIOMr. D.S. Sheoran, Accounts Officer.
Dr. A.K. Saxena, Director, DMSRDE, Kanpur is involved in corruption and trying his all the best that evidences of his corruption could not be disclosed to the appellant. In promoting the corrupt practices of Dr. A.K. Saxena, Director, DMSRDE the officials at ACDA, AO (R&D), DMSRDE, Kanpur are involved. Thereby they ignored serious lapses in purchases at DMSRDE during tenure of Dr. A.K. Saxena from 01.01.2011 to till date.
I would like to expose the movement of application submitted under RTI Act by Appellant at PCDA (R&D), New Delhi. The copy of application was send to Shri VK Singh, ACDA, AO (R&D), DMSRDE, Kanpur. In the AO(R&D) Office at DMSRDE, Kanpur , one Shri Anurag Srivastava, AAO is posted since last more than 10 years in the same office however all other officials were transferred on rotation basis as per transfer policy of PCDA(R&D).
Shri Anurag Srivastava is having close association with Dr. A.K. Saxena , Director, DMSRDE on basis of casteism as both belongs to same cast known as Kayastha. Dr. A.K. Saxena managed stay of transfer/posting of Shri Anurag Srivastava several times using his official position.
On receiving of copy of application under RTI Act submitted by Appellant, Shri Anurag Shrivastava along with Shri V.K. Singh met to Dr. A.K. Saxena, Director, DMSRDE in his office and also to Shri Sarvesh , PIO, DMSRDE, Kanpur. All of them planned a conspiracy to transfer the application to CPIO, DRDO HQ so that CPIO, DRDO deny the information under the shadow and shelter of Section 24(1) of the RTI Act 2005. Thereby their corrupt & anti-national activities could not be exposed.
4. Letters issued by CAPIO, PCDA(R&D) are illegal under RTI Act 2005
The application under Section 6(3) of RTI Act 2005 should be transferred within five days from the date of receipt of the application under the provisions of Section 6(3) of RTI Act. As mentioned above the application dated 20.08.2013 was received in office of PCDA(R&D) on 26.08.2013 therefore the application should be transferred up to 01 September 2013 but transfer of application u/s 6(3) of RTI Act on 06.09.2013 and 18.09.2013 is illegal under the provisions of RTI Act 2005. Therefore the both the letters issued by CAPIO dated 06.09.2013 and 18.09.2013 are illegal & invalid as per provisions of Section 6(3) RTI Act 2005.
5. Letters signed by Shri D.S. Sheoran, Accounts Officer, CAPIO, PCDA(R&D)
As per the information available on PCDA (R&D) website pcdarnd.gov.in, Mr. D.S. Sheoran, Accounts Officer is CAPIO in main office. Both the letters dated 6.09.2013 and 18.09.2013 are signed by Mr. D.S. Sheoron, Accounts Officer, CAPIO.
6. Information sought is pertaining to allegations of corruption
Dr. A.K. Saxena , Director, DMSRDE, Kanpur is involved in corruption, financial irregularities , violation of purchase rules as specified in Purchase Management 2006 and misuse of financial power vested to him by DRDO HQ. The information sought will expose the corruption in DMSRDE and nexus between DMSRDE and ACDA, AO(R&D) Office, DMSRDE, Kanpur.
Appellant is surprised from the action and role of PCDA(R&D), CPIO and CAPIO on application dated 20.8.2013 by transferring the application to CPIO, DRDO HQ under gross violation of Section 6(3) of RTI Act and verdict in various decisions of Hon’ble Central Information Commission. It appears that like ACDA, DMSRDE, Kanpur the officials at PCDA (R&D), New Delhi are working under pressure of Dr. A.K. Saxena, Director, DMSRDE, Kanpur.
9. Declaration:-
I hereby state that the information and particulars given above are true to the best of my knowledge and belief.
J.P. Sharma
Advocate
Chamber No. 64, First Floor
Opposite Bar Council Office
Court Compound,
Dehradun-248001(Uttarakhand)
Appeal No.: FA/JPS/PCDA(R&D)/2013/01
Date: 15 October, 2013
Enclosure: Three
(1) Letter from CAPIO, PCDA(R&D) dated 06 September 2013
(2) Letter from CAPIO, PCDA(R&D) dated 18.09.2013
(3) RTI Application dated 20 August 2013.
(1) Letter from CAPIO, PCDA(R&D) dated 06 September 2013(2) Letter from CAPIO, PCDA(R&D) dated 18.09.2013
To, 20th August 2013Dr. Jairaj Naik, IDASJt. CDA, CPIOO/o PCDA (R&D), West BlockR.K. PuramNew Delhi-110066
Subject: Application /Request under Right to Information Act 2005
Sir,
Kindly provide the following information under section 2(f), 2(i), 2(j) and 6(1) of RTI Act 2005.
INFORMATION SOUGHT
Provide the details of bills passed for payments of third party (Vendor/ supplier /Firms) claims forwarded by DMSRDE, Kanpur by O/o PCDA (R&D), New Delhi and O/o AO (R&D), ACDA, DMSRDE, Kanpur for the period 01/01/2013 to 31/07/2013 for the amount between One lakh to Fifty lakh for purchase of store and services with following information in each bill.
i. Particulars of store (item purchased) and service hired ii. Particular of vendor/firm to which payment was made(Cheque issued) iii. Amount of bill/cheque issued iv. Date of payment v. Mode of tendering- Single/Single with PAC/Limited/Openi. vi. Whether repeat order(Yes/No)
Details of all bills passed and cheque issued by AO(R&D), ACDA, DMSRDE, Kanpur and O/o PCDA(R&D) in favour of SM Pulp Packaging Pvt Ltd., New Delhi/ SM Carapace Armor, New Delhi with following information.
i. Particular of store (item purchased) and services hired. ii. Amount of bill iii. Date of payment/ cheque issued iv. Mode of Tendering- Single/Single with PAC/Repeat Order/Limited /Open
In one year how many repeat order can be issued as per Purchase Manual 2006 of DRDO/Any other Govt. Rules in case of
i. Store ii. Services
4. Whether repeat orders could be issued in case of services/AMC/ services hired like hired vehicle for transport etc as per PM 2006. (Yes/No)
5. If answer to point (4) is yes then provide the copy of said rule. 6. Whether M/s SM Pulp Packaging Pvt Ltd/SM Carapace Armor/or any other subsidiary of SM Group is registered with DMSRDE, Kanpur or with HEMRL, Pune (Yes/No)
7. If answer to point (6) is yes then provide copy of registration certificate issued by DMSRDE, Kanpur or HEMRL, Pune.
8. Provide the details/category under which any subsidiary firm under SM Group New Delhi like SM Pulp/SM Carapace is registered with HEMRL / DMSRDE as per Rule 3.2 of PM 2006. 9. If registered at HEMRL/DMSRDE then date of registration. 10. Copies of Supply Orders issued to SM Pulp Packaging/SM Carapace Armor for the Financial years
2010-2011
2011-2012
2012-2013
Inspection of documents/records for passing the bills of SM Pulp Packaging and SM Carapace Armor , New Delhi for the FY 2010-2011, 2012-2013 and 2012-2013.
An IPO of Rs. 10 No. 16F 966245 is enclosed as application fee.
Date – 20th August 2013
( J P. Sharma)Advocate Chamber No.64, First floorOpposite Bar Council OfficeCourt CompoundDehradun-248001Uttarakhand
copy
Shri V.N. Singh, ACDA
AO (R&D), DMSRDE, GT Road, Kanpur-208013
Appeal to clean DRDO of corrupt and anti-national officials
