To                                                                                            14^th 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.

2. 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.

3. 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.

 

3. Mere reading of the provisions of said OM dated 19.05.1993 stipulates that:
4. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held.
5. if the charges are proved, the Government servant should be removed or dismissed from service.

• In no circumstances should any other penalty be imposed.

4. 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:
5. 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.
6. 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.com

 

 

(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.

2. 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.

3. 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”.

2. 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.
3. 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.
4. 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]