To, 30th December 2013
Central Public Information Officer
RAC, DRDO, Ministry of Defence
Delhi-110054
Hello,
Mr. Arun Kumar Singh, Scientist ‘D’, DMSRDE, Kanpur was directly recruited on post of Scientist ‘C’ from ISRO to DRDO in the year 2004. He was posted in SASE, Chandigarh in 2004 and transferred to DMSRDE Kanpur in 2009. Kindly provide the following information u/s 6(1) of RTI Act 2005.
INFORMATION SOUGHT
Copy of advertisement published in Employment News/Newspapers/Website against which Mr. Arun Kumar Singh was recruited as Scientist ‘C’ in DRDO.
Name of the establishment/lab of DRDO on the request of which RAC created vacancy and advertise the direct post of Scientist ‘C’.
Provide the copy of letter of request sent by Director of that establishment/lab to Director, DHRD/Director, RAC /DOP for recruitment of Scientist ‘C’.
Qualification & experience sought in advertisement against which Mr. Arun Kumar Singh was recruited as Scientist ‘C’ in DRDO.
Date, venue and list of board member for selection of candidate against that vacancy.
List of candidates those appear in interview/exam for recruitment of Scientist ‘C’ against that vacancy along with their qualifications & experience.
Whether Mr. Arun Kumar Singh informed to RAC that he was already in service at ISRO and applied through proper channel. (Yes/No)
If answer to point (7) is yes then provide the copy of the declaration submitted by Mr. Arun Kumar Singh to RAC, DRDO in this respect.
Project/Task against which said vacancy of Scientist ‘C’ was created by RAC.
Whether the experienced Scientist with same qualification and experience as sought in said recruitment were available in DRDO. (Yes/No)
The information sought is pertaining to Establishment matter and as such not exempted u/s 24 of RTI Act 2005.
This is to inform that Central Information Commission in its various decisionsconsistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
Besides purchase and establishment matter the information sought is pertaining to allegations of Corruption and as such not exempted u/s 24 of RTI Act 2005.
Subject: First Appeal under Section 19(1) of RTI Act 2005
Reference: Letter No. DMS/0369/RTI/R/2013/0029 dated 14 Nov 2013 issued by CPIO, DMSRDE, Kanpur
Sir,
I am distressed by above referred decision of Central Public Information Officer, DMSRDE, Kanpur. I hereby submit this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.
1. Details of appellant:-
Name Prabhu Dayal Dandriyal
Address 21-Sunderwala, Raipur
Dehradun-248008, Uttarakhand
2. Details of Central Public Information Officer (CPIO):-
3. Particulars of Decision/Order of CPIO against which appeal:-
Decision vide letter No. DMS/0369/RTI/R/2013/0029 dated 14th Nov 2013 received by appellant on 24 November 2013. Copy enclosed as Enclosure -1.
4. Facts & Grounds leading to appeal:
(a) An application under Section 6(1) of RTI Act 2005 dated 23rd October 2013 was submitted to CPIO, DMSRDE, Kanpur for providing information regarding “Private cars with registration No. UP78 BS 1144 and UP78 CP 6510 using DMSRDE for commercial purpose”. Copy of the RTI Application dated 23rd October 2013 is enclosed as Enclosure-2.
(b) Central Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/R/2013/0029 dated 14th November 2013 although it was clearly mentioned in RTI application that required information is directly related to the allegations of Corruption and not come under Schedule-II. However CPIO replied in the highly irresponsible manner which indicates the mismanagement and Corruption in DMSRDE.
(c) It was clearly mentioned in RTI application dated 23rd October 2013 that “Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure. For examples decision pronounced in F. No. CIC/LS/A/2010/000107 dated 26.4.2010 and in F. No.CIC/SM/C/2008/ 00054/LS dated 29.01.2010”.
(d) In point d (1) of reply dated 14 Nov 2013, CPIO provided false argument. As per Purchase Management 2006 it is the responsibility of Director, DMSRDE to hire the transport services from that vendor, the vehicles of which are registered under Taxi at RTO. How can RTO know that a private car vehicle is being used for transport services at DMSRDE?
(e) In point d (2) of reply dated 14 Nov 2013, CPIO gave false argument for not providing the information sought. Committee under Chairmanship of Dr. Ashok Ranjan, Scientist ‘F’ and four other members for identification of vendors did not perform their responsibilities properly. As per findings of the Committee 15 vendors were identified for hired transport services and out of which 10 vendors were qualified as per guidelines framed by the Committee. General terms and conditions were also framed on 18 points by Committee as Annexure II of proposal provided to vendors for seeking quotations for hired transport services. In point no. 8 of General terms & conditions framed by the Committee it was clearly mentioned that “The lowest quotation will be accepted. In case of more than one lowest quotation, the firm whose cars/vehicles registered at RTO for taxi will be preferred”. This indicates that it was responsibilities of DMSRDE to check the registration of taxies whether these were registered as taxies at RTO.
(f) The arguments at point d (3) is again to put the responsibilities and accountability to minimize corruption in hiring of transport services , on the soldiers of local audit and test audit teams. In case both local & test audit teams were obliged by Director, DMSRDE on cash & kind then how can they raise the objections on irregularities and corruptions in contract of hired transport. It is well known fact that hired vehicles are being provided to local audit personnel (ACDA officials) on 24×7 and one DMSRDE official is also posted at ACDA office to assist ACDA. These illegal obligations putted on ACDA by Director, DMSRDE establish Corruption in the whole process of contract of hired transport.
(g) Contract given to M/s Super India Travels, Kanpur has been expired in July 2012 as contract was for only for one year and still now new contract has not been provided to any other vendor by the fresh tendering process as per Purchase Management 2006. One & half year extension to the same vendor smacks vested interest and leads Corruption.
(h) The vendor is not claiming service tax from DMSRDE; the vendor is not having service tax registration and not depositing service tax to Custom & Excise Department, Govt. of India. The issue of service tax registration is clearly mentioned in General terms and conditions framed by the committee so constituted by Director, DMSRDE. In point no. 17 of General terms & conditions framed by the committee it was clearly mentioned that “The rates quoted should be excluding the service tax. The service tax will be paid additionally only after receiving the proof of the service tax registration. No service tax will be paid if the operator fails to provide proof of valid service tax registration”.
(i) Facts mentioned at above establish irregularities in giving contracts to M/s Super India Travels, Kanpur and further illegal extension since one and half year indicates Corruption at DMSRDE, Kanpur in the whole process.
5. Prayer /relief sought for:-
Information sought vides RTI Application dated 23 October 2013 by appellant has been denied on false and invalid reasons by CPIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to CPIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 23rd October 2013.
6. Declaration:-
I hereby state that the information and particulars given above are true to the best of my knowledge and belief.
(1) Letter from CPIO, DMSRDE dated 14th November 2013
(2) RTI Application dated 23 October 2013
RTI Application dated 23 October 2013
To,
Shri Sarvesh Kumar,
Central Public Information Officer,
DMSRDE, GT Road,
Kanpur-208013
Subject: Application under Right to Information Act 2005
Hello,
Kindly refer to following decisions of Central Information Commission and verdict given thereof in these decisions.
File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla vs. DRDO)Verdict – “It is, no doubt, true that DRDO is an exempted organisation; yet it has been the consistent view of this Commission that the benefit of exemption extends only to functional / operational matters and not to establishment related routine matters. The legality of this view has not been challenged in the relevant judicial forum so far”.
CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
CIC in its above mentioned decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
In light of the above decisions of CIC,Kindly provide the following information under RTI Act 2005.
INFORMATION SOUGHT
Total No. of transport/vehicles available in MT Division DMSRDE.
Provide following information in respect of all vehicles available in DMSRDE.
Type of vehicle, Brand name, Manufacturer
Date of Purchase, purchase cost and source of fund(Build up/Project etc)
Present depreciated cost as on 31.10.2013
Average distance run /traveled by each vehicle in the year 2012-2013 separately for
each vehicle.
Total expenditure on maintenance of each vehicle separately in the year 2011-2012 and 2012-2013.
3. How many CMTD /MTD are posted in MT Division?
4. Mode of tendering for selection of vendors for hired vehicles (Local Board/Single Tender/Limited Tender/Open Tender/Repeat Order) for the following years.
2010-2011
2011-2012
2012-2013
2013-2014
5. Total budget of MT Division years 2010-2011, 2011-2012 and 2012-13.
6. Total expenditure and payment made for hired vehicles/transport for the years 2010-2011, 2011-2012 and 2012-13 along with name of vendor to whom the payment made.
7. Provide expenditure incurred on various heads for the years 2010-2011, 2011-2012 and 2012-13.
8. Provide information about vendor/firm which got contract for hired vehicles and amount paid to these vendors in following format
9. Amount of Service Tax that has been paid by DMSRDE to Vendor as reflected in bills submitted by vendor for depositing in Custom, Excise & Service Tax Department in
following format
Provide copies of CST (Comparative Statement) after opening of quotations duly approved by competent authority for the years 2011-2012, 2012-2013 and 2013-2014 for giving contract to vendors for hired vehicles services in DMSRDE.
Provide copy of supply order placed for hiring private vehicles/transport for the FY 2011-2012, 2012-2013 and 2013-2014 in DMSRDE.
Copy of contract with terms & condition and rate (usage charges) for the year 2012-2013 and 2013-2014.
Whether any extension of contract for hired vehicle has been given to any vendor for during the years 2012-2013 and 2013-2014. (Yes/No)
If answer to point (13) is yes then provide copy of rules under PM 2006 by which extension for contract of hired vehicle services (Repeat Order) could be given to vendor without going in fresh bidding.
Details about maintenance of vehicles/transport available in DMSRDE for each vehicle/transport in following format
Status of vehicle (operational/Non operational) available in DMSRDE when services of hired vehicles were utilized.
Whether hired vehicles provided by vendor Super India Travels, Rama Devi, Kanpur with following registration number are registered at RTO, Kanpur under category of Taxi for commercial purposes. Registration & Details of vehicles are
(a) UP78 BS 1144 ( Indica Car White Color with white number plate)
(b) UP78 CP 6510 (Indigo CS White Car with white number plate)
If answer to point (17) is Yes then provide copy of registration certificate issued by RTO Kanpur for said vehicles under Taxi for Commercial purpose.
If answer to point (17) is No then provide the grounds on which vendor not having proper registration under Taxi from RTO, Kanpur was allowed to provide services in DMSDRE.
The details of Vendor Registration Committee at DMSRDE with name & designation of Chairman and members.
The color of the number plates used in cars with registration No. UP78 BS 1144 and UP78 CP 6510 provided by vendor for hired services are not Yellow. The color of these no. plates are White. It establishes that cars used for hired transport in DMSRDE are not registered under TAXI FOR COMMERCIAL PURPOSE. Also the said vendor is not registered at Custom & Excise Department under Service Tax category and not depositing any Service Tax for hired vehicles services at DMSRDE.
Therefore the Information Sought is pertaining to Allegations of Corruption and as such not exempted u/s 24 of the RTI Act 2005.
The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act.
An IPO of Rs. 10/- as application fee (IPO No. 17F 549289) is annexed as Annexure-1.
To,
Central Public Information Officer
Snow & Avalanche Study Establishment (SASE),DRDO, Min of Def
Him Parisar, Sec 37-A
Chandigarh-160036
Hello,
Mr. Arun Kumar Singh, Scientist ‘C’ was posted to SASE, Chandigarh from the August 2004-Feb 2009. He was directly recruited at the post of Scientist ‘C’ in DRDO and posted at SASE, Chandigarh. Kindly provide the following information u/s 6(1) of RTI Act 2005.
INFORMATION SOUGHT
Provide the following information in respect of procurement cases indented by Mr. Arun Kumar Singh, Scientist ‘C’ at SASE during the period 2004-2009.
Whether CAD Centre/Facility exists in SASE, Chandigarh. (Yes/No)
If answer to point (2) is yes then provide the following information.
Copies of all demands in form DRDO.MM.06 indented.
Copies of Supply Orders issued by Director, SASE for all demands indented by Mr. Arun Kumar Singh, Scientist ‘C’.
Copies of RIN/Installation report for all items indented.
Year of creation of CAD Centre/Facility.
Total expenditure incurred upon creation of CAD Centre/Facility.
Expenditure incurred towards civil work for creation of CAD Facility.
Name of agency (MES/CCE (R&D)/Director SASE) that executed the civil works in creation of CAD Centre.
Officer who indented the cases of civil work for creation of CAD facility.
Details of Software, Workstations/Computers, Plotter, Printers etc equipment purchased in CAD Facility with item nomenclature and cost.
The information related to purchase, supply orders, bills etc. has already been allowed by FAA, DRDO vide his decision No. RTI/02/2091/F/2013/0142 dated 14 October 2013.
This is to inform that Central Information Commission in its various decisionsconsistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
Besides purchase and establishment matter the information sought is pertaining to allegations of Corruption and as such not exempted u/s 24 of RTI Act 2005.
To, 4th December 2013
The CPIO
DRDO HQ, Room No. 314-A
Rajaji Marg, New Delhi-110105
Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of following information requests.
Provide certified copy of the DY No 2335/MOD/FIN (R&D)/ 07 dated 26-07-2007 issued by Ministry of Defence (Finance/R&D)
Provide certified copy of the document of ID No. 988/FIN (R&D) dated 08-11-2010 of Ministry of Defence (Finance/R&D).
Provide certified copy of the UO No. IFA/R&D/1236/0252 dated 27-12-2012 of IFA (R&D).
Provide the certified copy of the concerned document (i.e. concerned note sheets) of the concerned file of DRDO in which proposal, processing of the proposal & approval of the proposal for deletion of the para 7 of the O.M. No. ERIP/ER/0706100/M/01/1719/D
(R&D) dated 01-08-2007 is contained.
This deletion of the para 7 of the O.M. No.ERIP/ER/0706100/M/01/1719/D (R&D) dated 01-08-2007 was not guided by public interest but solely by conferring undue benefit to Dr. S.K. Salwan as a quid pro quo for his act of giving clean chit to Dr. Arun Kumar on the charges of corruption done by him in getting his own daughter Swati Srivastava recruited as Scientist ‘B’ in 2004 directly resorting to corrupt practices. As you aware because of this corrupt act honorable defence minister suspended Dr Arun Kumar, Ex DOP, DRDO and matter recommended for further inquiry to CBI on 29th October 2013
To,
Shri Sarvesh Kumar
Scientist ‘F’
Central Public Information Officer
DMSRDE, GT Road
Kanpur-208013
Subject: Application under Right to Information Act 2005
Sir,
Kindly provide the following information u/s 6(1) of RTI Act 2005.
INFORMATION SOUGHT
Provide the following information in respect of Tender Reference No. DMSRDE/13552064 published on website of DRDO.(Copy Enclosed)
Comparative Statement of Tender duly approved by SPC and Director.
Name of vendor/firm/trader (L1) to which Supply Order was issued.
Provide copy of supply order issued against this tender enquiry.
Cost of the material purchased against supply order under above mentioned tender reference
Provide following information in respect of business carried out by M/s Manglam Traders, Kanpur in DMSRDE, Kanpur.
Registration Certificate issued to M/s Manglam Traders, Kanpur by DMSRDE, Kanpur.
As per provisions of Rule 3.2 of Purchase Management 2006 of DRDO in which categories of stores, e.g., raw materials, chemicals, machine tools, instruments, electronics and electrical items, timber, fabrication jobs and other general stores etc., the M/s Manglam Traders, Kanpur is registered in DMSRDE, Kanpur.
Total cost of supply orders placed in the year 2009 and 2010.
Total cost of supply orders placed from 1st January 2011 to 31st October 2013.
Copies of supply orders placed to Manglam Traders from 01.01.2011 to 31.10.2013.
Number of repeat order placed to Manglam Traders and copies of supply orders issued for repeat order
Provide the copy of supply order placed against DMSRDE Case No. 13PDD014 dated 25.04.2012 initiated by Production Division.
Provide amount in Kg of Polydimethylsilane(PDMS) purchased in the period.
01.01.2009 to 31.12.2010
01.01.2011 to 31.10.2013
Likely to be purchased(Supply Order placed)
Copies of bills submitted by M/s Manglam Traders to DMSRDE, Kanpur against supply orders and repeat orders placed to M/s Manglam Traders, Kanpur.
The information related to purchase, supply orders, bills etc. has already been allowed by FAA, DRDO vide his decision No. RTI/02/2091/F/2013/0142 dated 14 October 2013 in First Appeal No. 142 on First Appeal of applicant.
This is to inform that Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
Besides purchase and establishment matter the information sought is pertaining to allegations of Corruption and as such not exempted u/s 24 of RTI Act 2005.
An IPO of Rs. 10/- as application fee (IPO No. 17F548630 ) is enclosed as Annexure-1.
FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005
To,
Shri Suranjan Pal,
OS & Director DECS,
First Appellate Authority, DRDO
RTI Cell, Room No. 240/B ,
DRDO Bhawan, Rajaji Marg
New Delhi-110011
Subject: First Appeal under Section 19(1) of RTI Act 2005
Reference: Letter No. DMS/0369/RTI/101/69/Letter_2013 dated 29 October 2013 issued by CPIO, DMSRDE, Kanpur
Sir,
I am distressed by above referred decision of Public Information Officer, DMSRDE, Kanpur. I hereby submit this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.
1. Details of appellant:-2. Details of Central Public Information Officer (CPIO):-
3. Particulars of Decision/Order of CPIO against which appeal:-
Decision vide letter No. DMS/0369/RTI/101/69/Letter_2013 dated 29 October 2013 received by appellant on 04 November 2013. Copy enclosed as Enclosure -1.
4. Brief facts leading to appeal:-
(a) An application under Section 6(1) of RTI Act 2005 dated 04 October 2013 was submitted to CPIO, DMSRDE, Kanpur for providing information regarding “Parking“. Copy of the RTI Application dated 04 October 2013 is enclosed as Enclosure-2.
(b) Central Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/101/69/Letter_2013 dated 29 October 2013 although it was clearly mentioned in RTI application that required information is directly related to the allegations of Corruption and not come under Schedule-II.
(c) It was clearly mentioned in RTI application dated 04 October 2013 that “Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure”.
(d) In point (c) (1) of reply dated 29 October, 2013 CPIO informed that “Director, DMSRDE, Kanpur has not ordered for construction of any vehicle parking stand inside DMSRDE not being constructed”. It was also mentioned “Other information related to vehicle stand are also irrelevant and not applicable”.
(e) In point (d)(2) of reply dated 29 October, 2013 CPIO informed that “Regarding CSD Canteen, its functioning has started from 21st April 1977 and running continuously. The other information asked has no relevance with the allegations of Corruption. It is a social welfare activity and run in authorized manner with manually agreed terms & conditions of DMSRDE and MES office of, DMSRDE, Kanpur”.
(f) CPIO, DMSRDE, Kanpur rejected the RTI application dated 04 October 2013 on invalid, illegal, ultra vires & false reasons with malafide intentions to linger on the process of seeking information with an ulterior motiveunder direction of Director, DMSRDE, Kanpur (The Public Authority). This act of CPIO, DMSRDE, Kanpur attracts action on CPIO u/s 20 of RTI Act 2005.
(g) Appellant is intensely upset by the decision of CPIO, DMSRDE, Kanpur and this leads to appellant to file an appeal u/s 19(1) of RTI Act 2005.
5. Reasons/Grounds for First Appeal:-
First Appeal is submitted to First Appellate Authority on following reasons/grounds.
(a) Under the provisions of Section 24(1) of RTI Act 2005 the organisation notified under II Schedule of the Act are exempted from the information except when the information pertained allegations of corruption and human rights violations only.
(b) Appellant submitted an application dated 04 October 2013 under Section 6(1) of RTI Act 2005 to CPIO, DMSRDE, Kanpur for providing information as mentioned in application dated 04 October 2013 enclosed as Enclosure 2 to this FA.
(c) Information was denied by CPIO, DMSRDE, Kanpur on the ground that “DRDO is placed in Second Schedule of RTI Act, 2005 and is exempted from disclosure of Information under Section 24(1) except for information pertaining to the allegations of Corruptions and Human Rights Violations“.
(d) The information sought by the appellant vide his application dated 04 October 2013 does not comes u/s 24(1) of the Act as per consistent views and decisions of Central Information Commission in various cases regarding organisation notified in Schedule II like DRDO as information sought is related to Establishment Matter and allegations of Corruption.
(e) Information was denied on false and illegal grounds with malafide intentions to harass the appellant for getting the information.
(f) CPIO is not aware of recent views and decisions of CIC regarding DRDO (notified organisation under Schedule II), thereby he misused Section 24(1) of the Act for denial of Information.
(g) Appellant is deeply distressed by invalid decision of CPIO, DMSRDE, Kanpur, hence the First Appeal u/s 19(1) of RTI Act 2005 before FAA.
6. Prayer /relief sought for:-
Information sought vides RTI Application dated 04 October 2013 by appellant has been denied on false and invalid reasons by CPIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to CPIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 04 October 2013.
Direction may kindly be issued to CPIO, DMSRDE, Kanpur to work as per provisions of RTI Act 2005 and guidelines established in CIC decisions.
7. Grounds for prayer/relief sought for:-
1. CIC decisions on notified organizations under Schedule II of
RTI Act 2005 like DRDO
(i) CIC in its various decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
(ii) CIC in its various decisions clarified that the exemption u/s 24(1) for DRDO (notified organisation under Schedule II) is only for Scientific/Technical/Strategic/national security information and not for the information of General nature/Estt. Matters/ Routine Correspondence/ all other information for which exemptions u/s 24(1) are not allowed.
(iii) These decisions of CIC are binding on all notified organisation under Schedule II, as these decisions of CIC has not been challenged till date in any court.
(iv) Information sought in RTI Application dated 03 August 2013 was pertaining to Establishment Matter
(v) In this regard following decisions of CIC are listed for your kind information and consideration.
CIC/LS/A/2012/002612 dated 22.03.2013 (Dr. Neelam Bhalla Vs DRDO)
CIC/LS/A/2009/001073 dated 17.2.2010 (Navin Praksh Gupta Vs DRDO)
CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
CIC/LS/A/2010/001277 dated 2.3.2010 (Ram Manohar Singh Vs. DRDO)
CIC/LS/A/2012/002599 & CIC/LS/A/2012/002146 dated 01.11.2012 (Virender Kumar Vs DRDO)
CIC/LS/C/2012/001204 dated 9.8.2012 (Rajiv Chauhan Vs DRDO)
CIC/SM/A/2009/001014/LS dated 09.11.2009 (Navin Prakash Gupta Vs DRDO)
CIC/LS/A/2009/001073 dated 17 Feb 2010 (Navin Prakash Gupta Vs DRDO)
CIC/SM/C/2009/00794, CIC/LS/A/2010/00015, CIC/LS/C/2010/000076 dated 18 June 2010 (Navin Prakash Gupta Vs DRDO)
(vi) In these decisions CIC decided that “Immunity granted u/s 24(1) is only for scientific & strategic Information only. All other information should be provided by all organisation notified under second schedule of the Act“.
2. Nature of information sought is not related to strategic/national security/scientific /technical matters
Information sought is related to “Parking”. This type of information has already been allowed by CIC as information sought is not pertaining to strategic/national security/scientific/technical matters.
3. Information sought is related to Estt. Matter/General Routine nature is permissible & allowed by CIC, even after the fact “DRDO is notified organisation under Schedule II”, in various decisions against DRDO.
4. Information sought is also related to allegations of Corruption as already mentioned in RTI application dated 04 October 2013. Information sought is having angle of vigilance as per CVC Act. Under the provisions of Section 24(1) of the Act, the information should be pertaining to allegations of Corruption only. No evidences or proofs of corruption are required for seeking information related to corruption as per RTI Act 2005. Instead the onus is on CPIO to establish that information sought is not having vigilance angle and pertaining to allegation of corruption. In case the prima facie evidences of Corruption are available the appellant will approach to CVC/CBI not file RTI to get information pertaining to allegations of Corruption?
i. It is alleged that Dr. AK Saxena, Director, DMSRDE misused his powers to construct/erect the parking shade near CSD Canteen. It has been accepted by Director, DMSRDE vide Minute Sheet No. AE/Gen Admin/13/0578 dated 26 September 2013 issued by Dr. D.N. Tripathi, Addl. Director (Admin). Vide this order “all officers & employees of DMSRDE were ordered to park their vehicles in parking area/shades near CSD Canteen with effect from 01 October 2013”. Again Chief Security Officer issued ION dated 03.10.2013 on behalf of Director regarding Car-Parking near Admin. Building. Again an ION was issued by Dr. DN Tripathi, Addl. Director(Admin) regarding parking area near CSD Canteen.
ii. This parking shade/vehicle stand was not constructed by MES or CCE (R&D) North. It was constructed by Director, DMSRDE using private contractor of his favor M/s Gupta Constructions, Gandhi Gram, Kanpur. Thereby CPIO provided false information vides his letter dated 29 October 2013.
iii. MES(Military Engineering Services) and CCE(R&D) are the only agencies authorize for any construction of buildings , to execute minor & major work in buildings, construction /erect of shades/parking area etc. in Technical & Residential area of DMSRDE.
iv. The source of fund used to erect two shades was from one project fund and not from build-up fund. Project fund cannot be used for construction work. Hence Dr. AK Saxena, Director misused his powers to illegal and unauthorized construction of two parking shades near CSD Canteen inside the Technical Area of DMSRDE, to give undue advantage to M/s Gupta Construction, Gandhi Gram, Kanpur with vested interest.
v. All supply orders for purchase of material used to erect the parking shades were issued to M/s Gupta Constructions who is neighbor to Dr. AK Saxena residence at Gandhi Gram, Kanpur.
vi. Misuse of powers for personal gains, unauthorized construction and misuse of funds is clear case of Corruption. Documents are available in records with DMSRDE which can be verified by FAA.
vii. It is quite evident from Minute Sheet No. AE/Gen Admin/13/0578 dated 26 September 2013 that there exists building of CSD Canteen in DMSRDE near newly constructed parking area/shade.
viii. The nomenclature of building in which CSD canteen is running is CHEM STORE, as per MES record. Director, DMSRDE is using this building in unauthorized manner to run CSD Canteen in this building. CSD Canteen is a profitable URC under CSD hence it should pay rent as well as electrical charges to MES. In this connection MES also issued notice to CSD Canteen for payment of electrical charges and recently cut down the power of CSD for fifteen days, thereby CSD was closed for about fifteen days.
ix. Information sought is related to “Parking”. This information is not related to any scientific/technical/strategic matter. Therefore information related to contract, supply order, purchase, construction and manufacturing etc. is disclosable under RTI Act, CIC decisions mentioned above and even by FAA, DRDO.
8. Declaration:-
I hereby state that the information and particulars given above are true to the best of my knowledge and belief.
To,Shri Sarvesh KumarCentral Public Information OfficerDMSRDE, GT RoadKanpur-208013
Subject: Application under Right to Information Act 2005
Sir,
Kindly refer to following decisions of Central Information Commission and verdict given in these decisions.
File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla vs. DRDO) Verdict – “It is, no doubt, true that DRDO is an exempted organisation; yet it has been the consistent view of this Commission that the benefit of exemption extends only to functional / operational matters and not to establishment related routine matters. The legality of this view has not been challenged in the relevant judicial forum so far”.
CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
CIC/SM/C/2008/00054/LS dated 29.01.2010 (Ms. K. Surya Kumari Vs DRDO)
CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
In its various decisions CIC consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
In light of the above decisions of CIC,Kindly provide the following information under RTI Act 2005.
BRIEF FACTS FOR APPLICATION UNDER RTI ACT 2005
With reference to your Minute Sheet No. AE/Gen Admin/13/0578 dated 26 September 2013 and modified Minute Sheet No. AE/Gen Admin/13/0578 dated 04 October 2013, signed by Dr. D.N. Tripathi, Addl Director (Admin.) on behalf of Director.
It has been ordered by these Minute Sheets that “wef 01.10.2013 all officers and employees are informed to park their vehicles in the Parking Area constructed near CSD Canteen” and “above Minute Sheet is related to the officers/employees who goes to CSD Canteen for purchasing items by their vehicles”.
Facts narrated above in points (1) and (2) establish that CSD Canteen building exists in DMSRDE and CSD facility is available in DMSRDE
In light of above facts kindly provide following information u/s 6(1) of RTI Act 2005.
INFORMATION SOUGHT
Provide the details of officers and staff with name & rank that are attached and involved in management and operation of DMSRDE CSD Canteen right from Chairman, Officer-In- Charge, Technical Officers and Staff at present.
Total monthly expenditure incurred on incentives/emoluments to official working part time in DMSRDE CSD Canteen for month July 2013.
Provide the amount of miscellaneous expenditure incurred in July 2013 under following heads in DMSRDE CSD Canteen.
Balance sheet of DMSRDE CSD Canteen for the month July 2013.
Provide details of funds available with DMSRDE CSD Canteen in its Current A/C at SBI DMSRDE Branch Kanpur and all Fixed Deposits pledged with this Current account at SBI DMSRDE Branch.
The competent authority responsible for attachment of officials at CSD Canteen.
Whether rotation of officials working in CSD Canteen took place vide CVC Circular No.03/09/13 letter No.004/VGL/090/225753 dated 11.9.2013. (Yes/No).
If answer to point (7) is yes then provide the maximum period for which an official could remain attached with CSD Canteen?
Mr. DP Shukla, Lab. Attd. (Now Technical Officer) is attached/posted in DMSRDE CSD Canteen since long time. Provide his attachment/posting detail in DMSRDE CSD Canteen from 01.01.2000 to 30 September 2013.
DMSRDE CSD Canteen is a profitable unit which earning good amount of money by getting commission/profit in sale of store items at canteen. In which account this money is being deposited and the name of officers who are authorize/responsible to withdraw the money.
Provide type /nature of purpose for which the fund of CSD can be utilized.
Can CSD fund be utilized for purchase of item/store/services that are not used by CSD Canteen instead used by DMSRDE officials like furniture, construction of aluminum, partitions, distribution of gifts etc.?
Provide sales statement of DMSRDE Canteen for month of July 2013.
Cheque No. 871271 dated 22.7.2013 issued by DMSRDE Canteen. Provide information in following format.
Cheque No. 871267 with payable amount of Rs. 214312.00 was issued by DMSRDE Canteen (CSD) in July 2013. Provide following information in this regard-
Name of the firm/vendor in favor of which cheque No. 871267 with payable amount of Rs. 214312.00 was issued.
Purpose of issue of the cheque No. 871267 of DMSRDE Canteen (CSD) with amount of Rs. 214312.00 in July 2013.
List of items purchased through cheque No. 871267 issue by DMSRDE Canteen (CSD) for amount Rs. 214312.00 in July 2013.
User of the items purchased vide cheque No. 871267 issued for Rs. 214312/-.
The items purchased vide cheque No. 871267 has been kept in which place.
Copy of bill of vendor/firm for supply of items against cheque No. 871267 issued by DMSRDE Canteen (CSD) with amount of Rs. 214312.00 in July 2013.
Whether any fund was withdrawn from account of DMSRDE Canteen for purpose of aluminum door and grill partition in Security Division Building at reception counter.(Yes/No)
If answer to point (16) is yes then provide the expenditure details for the said work at reception of Security Office.
If answer to point(16) is No, then provide the following details
The agency (DMSRDE/MES) which issue supply order to accomplish the task for aluminum partition at reception of Security Office.
The name of vendor who make aluminum partition at reception of Security Office.
The copy of supply order issued for making the aluminum partition at reception of Security Office.
Total expenditure involved in construction of aluminum partition at reception of Security Office.
Provide copy of statement of expenditure for Rs. 255248.00 from 01.07.2013 to 31.07.2013 under Miscellaneous Head for month of July 2013 in DMSRDE Canteen (CSD).
Whether audit of CSD Canteen accounts took place by Local Audit Officer (LAO)/ACDA on annual basis. Yes/No
If answer to point 20 is yes then provide the copy of audit report of DMSRDE CSD Canteen for FY 2012-2013.
Percentage of average profit in sale of items/store at DMSRDE CSD Canteen.
Average profit of DMSRDE CSD Canteen in rupees per month in FY 2012-13.
How much funds/money has been expenditure in welfare activities from CSD fund in FY 2012-2013?
The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act.
Besides Information sought is pertaining to allegations of Corruption and as such not exempted u/s 24 of the RTI Act 2005.
An IPO of Rs. 10/- as application fee (IPO No. 17F 549286) is annexed as Annexure-1.
To,
Shri Sarvesh Kumar
Central Public Information Officer
DMSRDE, GT Road
Kanpur-208013
Subject: Application under Right to Information Act 2005
Hello,
Kindly refer to following decisions of Central Information Commission and verdict given thereof in these decisions.
File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla vs. DRDO) Verdict – “It is, no doubt, true that DRDO is an exempted organisation; yet it has been the consistent view of this Commission that the benefit of exemption extends only to functional / operational matters and not to establishment related routine matters. The legality of this view has not been challenged in the relevant judicial forum so far”.
CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
CIC in its above mentioned decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
In light of the above decisions of CIC,Kindly provide the following information under RTI Act 2005.
INFORMATION SOUGHT
Total No. of transport/vehicles available in MT Division DMSRDE.
Provide following information in respect of all vehicles available in DMSRDE.
Type of vehicle, Brand name, Manufacturer
Date of Purchase, purchase cost and source of fund(Build up/Project etc)
Present depreciated cost as on 31.10.2013
Average distance run /traveled by each vehicle in the year 2012-2013 separately for
each vehicle.
Total expenditure on maintenance of each vehicle separately in the year 2011-2012 and 2012-2013.
3. How many CMTD /MTD are posted in MT Division? 4. Mode of tendering for selection of vendors for hired vehicles (Local Board/Single Tender/Limited Tender/Open Tender/Repeat Order) for the following years.
2010-2011
2011-2012
2012-2013
2013-2014
5. Total budget of MT Division years 2010-2011, 2011-2012 and 2012-13. 6. Total expenditure and payment made for hired vehicles/transport for the years 2010-2011, 2011-2012 and 2012-13 along with name of vendor to whom the payment made. 7. Provide expenditure incurred on various heads for the years 2010-2011, 2011-2012 and 2012-13. 8. Provide information about vendor/firm which got contract for hired vehicles and amount paid to these vendors in following format
9. Amount of Service Tax that has been paid by DMSRDE to Vendor as reflected in bills submitted by vendor for depositing in Custom, Excise & Service Tax Department in following format
Provide copies of CST (Comparative Statement) after opening of quotations duly approved by competent authority for the years 2011-2012, 2012-2013 and 2013-2014 for giving contract to vendors for hired vehicles services in DMSRDE.
Provide copy of supply order placed for hiring private vehicles/transport for the FY 2011-2012, 2012-2013 and 2013-2014 in DMSRDE.
Copy of contract with terms & condition and rate (usage charges) for the year 2012-2013 and 2013-2014.
Whether any extension of contract for hired vehicle has been given to any vendor for during the years 2012-2013 and 2013-2014. (Yes/No)
If answer to point (13) is yes then provide copy of rules under PM 2006 by which extension for contract of hired vehicle services (Repeat Order) could be given to vendor without going in fresh bidding.
Details about maintenance of vehicles/transport available in DMSRDE for each vehicle/transport in following format
Status of vehicle (operational/Non operational) available in DMSRDE when services of hired vehicles were utilized.
Whether hired vehicles provided by vendor Super India Travels, Rama Devi, Kanpur with following registration number are registered at RTO, Kanpur under category of Taxi for commercial purposes. Registration & Details of vehicles are
(a) UP78 BS 1144 ( Indica Car White Color with white number plate)
(b) UP78 CP 6510 (Indigo CS White Car with white number plate)
If answer to point (17) is Yes then provide copy of registration certificate issued by RTO Kanpur for said vehicles under Taxi for Commercial purpose.
If answer to point (17) is No then provide the grounds on which vendor not having proper registration under Taxi from RTO, Kanpur was allowed to provide services in DMSDRE.
The details of Vendor Registration Committee at DMSRDE with name & designation of Chairman and members.
The color of the number plates used in cars with registration No. UP78 BS 1144 and UP78 CP 6510 provided by vendor for hired services are not Yellow. The color of these no. plates are White. It establishes that cars used for hired transport in DMSRDE are not registered under TAXI FOR COMMERCIAL PURPOSE. Also the said vendor is not registered at Custom & Excise Department under Service Tax category and not depositing any Service Tax for hired vehicles services at DMSRDE.
Therefore the Information Sought is pertaining to Allegations of Corruption and as such not exempted u/s 24 of the RTI Act 2005.
The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act.
An IPO of Rs. 10/- as application fee (IPO No. 17F 549289) is annexed as Annexure-1.
To Date 17th October 2013
The CPIO, DRDO HQ
Room No. 314A
DRDO Bhawan, RajajiMarg
New Delhi – 110105
Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of Graphic Era University, Deemed University, Dehradun U/S 3 of the UGC Act, 1956 vide Notification F.9-48/2007-U.3(A) dated August 14, 2008 and DRDO collaboration.
Please provide total amount of funds granted to Graphic Era University, Deemed University, Dehradun by DRDO Labs since April 2009 to March 2013 for various purposes.
Name of scientists of DRDO who enroll for PhD since April 2009 to March 2013.
Kindly refer to following decisions of Central Information Commission and verdict given in these decisions.
File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla vs. DRDO) Verdict – “It is, no doubt, true that DRDO is an exempted organisation; yet it has been the consistent view of this Commission that the benefit of exemption extends only to functional / operational matters and not to establishment related routine matters. The legality of this view has not been challenged in the relevant judicial forum so far”.
Note: – above required information is directly related to corruption and not come under schedule – II.
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
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Shri V.N. Singh, ACDA
AO (R&D), DMSRDE, GT Road, Kanpur-208013
Appeal to clean DRDO of corrupt and anti-national officials
