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First Appeal – Private Cars Using Commercial Purpose – DMSRDE

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FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005

To,
Dr Lokendra Singh,
OS & Sceintist ‘H’
First Appellate Authority, DRDO
RTI Cell, Room No. 314 – A/A,
DRDO Bhawan, Rajaji Marg,
New Delhi-110105

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):-

Name & Rank       Shri Sarvesh Kumar , Scientist ‘F ‘
Address                 DMSRDE, GT Road, Kanpur-208013

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.

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

 Enclosure: Two

(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.

  1. 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”.
  2. CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
  3. CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
  4. 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

  1. Total No.  of transport/vehicles available in MT Division DMSRDE.
  2. Provide following information in respect of all vehicles available in DMSRDE.
  1. Type of vehicle, Brand name, Manufacturer
  2. Date of Purchase, purchase cost and source of fund(Build up/Project etc)
  3. Present depreciated cost as on 31.10.2013
  4. Average distance run /traveled by each vehicle in the year 2012-2013 separately for
  5. each vehicle.
  6. 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.

  1. 2010-2011
  2. 2011-2012
  3. 2012-2013
  4. 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

  1. 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.
  2. Provide copy of supply order placed for hiring private vehicles/transport for the FY   2011-2012, 2012-2013 and 2013-2014 in DMSRDE.
  3. Copy of contract with terms & condition and rate (usage charges) for the year 2012-2013 and 2013-2014.
  4. 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)
  5. 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.
  6. Details about maintenance of vehicles/transport available in DMSRDE for each vehicle/transport in following format
  1.  Status of vehicle (operational/Non operational) available in DMSRDE when services of hired vehicles were utilized.
  2. 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)

  1. 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.
  2. 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.
  3. 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.

 
 
(Prabhu Dayal Dandriyal)           Date: 23 October, 2013                                                       
21-Sunderwala, Raipur
Dehradun-248008
Uttarakhand                    

Annexure:-

  1. IPO of Rs. 10/- , with IPO No.   17F 549289   as application Fee.dmsrde rti reply car
Uncategorized

SATYAMEV JAYATE Jai Ho Jai Ho Jai Ho

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To                                                                                        20th December 2013
Honorable Defence Minister
Room No – 104, South Block
New Delhi-110011

SATYAMEV JAYATE    Jai Ho      Jai  Ho        Jai Ho

Honorable defence Minister of India on 29th October 2013 ordered CBI inquiry against the corrupt top DRDO officials.

“Also ordered and recommended replacement of Recruitment & Assessment Centre ( RAC) by suitable agency like UPSC”

I congratulate all the honest and innocent workforce of DRDO, who did noticed the misadventures of DRDO Hqrs & Directors of lab and informed the Honorable Defence Minister/ Honorable President of India through registered complaints. These corrupt officials used to write their own constitutions such that they can misinterpret the government laid down rules and misappropriate the government funds for their own benefits, under the shadow of secrecy and OSA 1923, and they swallowed their ugly acts.

God gave me courage to fight against the corrupt officials of DRDO. I have begun this journey just after “KARGIL WAR”. DRDO did consumed thousand & thousand crores, did not delivered any significant product which can utilize in “KARGIL WAR” and then General Malik uttered “casualties in the conflict could have been reduced had the Defence Research & Development Organisation (DRDO) “not come in the way”

“It has taken fifteen years to convince the government of India about involvement of DRDO officials/ Directors in neck deep corruption.”

On 28th October 2013 Defence Secretary Sh R K Mathur put up note to Defence Minister with proof of involvement in recruitment of scientists unfairly with manipulation and hiding facts while investigation, trying to close three times the investigation with wrong feedbacks by following top DRDO officials.

Four Recruitment  Cases of  Mrs T Chandrabanu, Scientist ‘F’, Mrs S Geetha, Scientist ‘C’, Ms Swati Srivastva,  Scientist ‘C’   Ms Dolly Bansal, Scientist ‘C’  

  1. Civilian Padma Awardee 2003, Former Scientific Advisor to Defence Minister, DG-DRDO 2004-2008
  2. Civilian Padma Awardee 1998 & 2013, Former Scientific Advisor to Defence Minister, DG-DRDO 2008-May 2013, Chairman of The Aeronautical Society of India Hyderabad Branch,  President, C.R.Rao Advanced Institute of Mathematics, Statistics and Computer Science (AIMSCS)
  3. Former Distinguished Scientist & Chief Controller – R&D (LS & IC),DRDO , President – Amity Science, Technology and Innovation Foundation, DRDO Technology Leadership Awardee (2010), Scientists of the year Awardee 1989, President – Federation of Indian Physiological Societies Father of Ms S Geetha
  4. The then Distinguished  Scientist, CC R&D (NS M & HR)
  5.  Ex- Director of Personal, Scientist ’H’, Outstanding Scientist, Suspended just two hours before retirement from service. Scientists of the year Awardee 2007, Father of Ms Swati Srivastav
  6.  Ex-Director, DTRL, DRDO retired in May 2013, Best Techno Managerial Services/Popular Science Communication Award 2011
  7.  Ex- Additional Director, RAC, DRDO, Father of Ms Dolly Bansal
  8. Ex- Director of Personal, Scientist ‘G’ Scientist of the Year Award – 2003, Ex-Director, Dte of Life Sciences, DRDO HQrs (2002) DRDO, the recipient of Vijnana Rathna jointly awarded by National Centre for Science & Technology Communication, New Delhi and Science Centre, Gwalior in 1991
  9. Ex-Director, DIPAS, DRDO (appointed Director(DIPAS), Delhi, wef 26 April 2002) winner of HH Loescheke Research Prize in Techniques/ Instrumentation- 2002, Maj Gen SL Bhatia Oration Awardee 2006,HH Loescheke Research Prize in Techniques/ Instrumentation- 2002
  10. the then Director, RAC, DRDO 2004, Ex Director, PEACE , 10 May 2001-15 July 2003, was awardee the DRDO Technology Award-1995

 A very strong recommendation from Honorable Defence Minister highlights the incompetence of existing Recruitment & Assessment Centre ( RAC). Honorable Defence Minister recommended the replacement of RAc by suitable recruitment agency like UPSC from financial year 2014-15.

CBI inquiry is big blow for DRDO having lakhs crores  infrastructure, having more than 30000 strong scientific / technical work forces, having 52 labs across the country.

Some of the above top ex DRDO officials’ calls on to Honorable Defence Minister to convince their innocence during last to last week and expressed that CBI inquiry may stop further research work in DRDO. Honorable Defence Minister very well knew that in the last 30-40 years of their scientific carrier what are their ground contribution because DRDO measurably failed to deliver any significant product in our last “KARGIL WAR”. They forgot that before them or after them whatever DRDO achieved or achieving that is because of honest people work force not by their corrupt / nepotism /incompetent group.

DRDO directors demonstrated their incompetency several times but they manage major share in defence budget every year. They do not deserve single penny until unless they are able to develop an import substitute.

With fake degree’s the manpower were selected as charge-man/ technical assistant and become scientist’H’ outstanding scientist, distinguished scientists by purchasing degree from private institutions, deemed universities and also manipulating by DIAT itself, crores of crores rupees were distributed by DRDO every years in the name of scientific development but now by CGDA audit also revealed that this money is routing through private institutes and deemed universities. It also confirmed facts that if any one check DRDO’s M Tech/PhD’s/ honorable degrees then will found that the money connection and degrees allotments like reveri’s by private universities and deemed universities etc. And unfortunately this mechanism also starts following in government intuitions in the name of resource development.

The incompetence of DRDO directors have been observed and felt by services Hqrs. Since inception of DRDO till 1990, DRDO used to work very closely on General staff requirement and Generals were closely monitoring day to day developments of DRDO. But when DRDO started “working on major programs” without prior knowledge of basic science &technology gave assured commitment for product development which never saw the light of the day.

The time has come for sincere and honest efforts by scientific community for an end result/ product development.

Honorable Defence Minister is requested to thoroughly investigate the DRDO procurement policy which has made the scientist a mere suppliers. Every director of 52 Labs has fake companies or associations with suppliers. Investigation will reveal that incompetent suppliers who are in touch with DRDO director beside his knowledge base, if he is rice exporter/ simple computer peripheral sellers /simple traders, he can sell any high-tech missile parts/ high tech laser components / high end software’s or anything which required by DRDO scientists in national interest or strategic applications. Dilemma these high tech information is shared by these incompetent suppliers with their families in kitchen and dining table. This is only for money matter nothing else no national interest, no values, no moral. In last 10 years honorable defence minister and national security adviser also received n numbers of anonymous letter but having truth and IB also gave confirmation reports.

Sir, how can you imagine wonders from this mind set the lab directors of DRDO ?  Absolute power, Absolute corruption.

Government of India, Ministry of Defence should reconsider the appointment of Scientific Adviser to RM as it was done through search committee before 1984. A person with a moral values /strong scientific knowledge base known across the globe/ technical leadership/ technology contributions like  Dr. Daulat Singh Kothari,  Prof. Suri Bhagavantham, Dr. Basanti Dulal Nagchaudhur I, Dr. Raja Rammana, etc.

The selection of Scientific Adviser in house the incompetent manpower has damaged the scientific temperament. The current environment / work culture there are no special or outside observation encouragement for innovation, creativity, scientific achievements, etc, only incompetent/ yes man/ are encouraged. Today in DRDO no transparency in recruitments / promotions /procurements is observed, every lab facing nepotism/ yes man culture.

Sir, I want to congratulate you for taking such strong decision and giving signal to all corrupt official of DRDO, in spite of big lobbyist ex – DG, SA to RM who have good connection in PMO.

The decision is timely, well awaited Lokpal has passed honorably from both the houses and Lokpal recommends appropriate punishment for corrupt officials, “They will get their due”

Jai Hind

Drdo

CORRUPTION IN PROCUREMENT OF ANTIVIRUS – DMSRDE

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To                                                                                                            17th December 2013
Central Vigilance Commissioner
Central Vigilance Commission
Satarkta Bhawan, A- Block, GPO Complex, INA
New Delhi-110023

SUBJECT : CORRUPTION IN PROCUREMENT OF ANTIVIRUS

COMPLAINT AGAINST :  Mr. SARVESH KUMAR, SCIENTIST ‘F’ and  Dr. ARVIND KUMAR SAXENA, DIRECTOR, DMSRDE, KANPUR

Sir,

BRIEF FACTS OF THE COMPLAINT 

  1. Defence Materials & Stores Research & Development Establishment (DMSRDE), Kanpur is an establishment under Defence Research & Development Organisation (DRDO), Min. of Defence, DRDO Bhawan, New Delhi.
  2. Purchase Management 2006 is applicable for procurement of store items in DRDO.  Gross irregularities and violation of Purchase Management 2006 was made in procurement of Antivirus Software in year 2013 when the cases were indented by Mr. Sarvesh Kumar, Scientist ‘F’. The major irregularities and violations of purchase rules are given below.

i.        Method/Mode of Procurement: Method of procurement in all the three cases of Quick Heal Antivirus was Local Board. When there was a consolidated demand of 372 Antivirus and total cost of the case was around Rs. 270000.00 then case should be raised under Limited Tender as per Rule 7.6 of PM 2006. Vide letter No. DMM/II/PP/0000207/M/3041/D(R&D) dated 15th Oct 2007 Corrigendum No. -2 Directors of Establishments are empowered to constitute Local Purchase Committee for purchase up to cost of Rs. 1.0 Lakh on urgent requirements by amending Rule 6(d) of PM 2006. Copy of the letter is enclosed as Annexure-7. The same rule is quoted here for ready reference.

Purchase of goods by purchase committee: Purchase of goods costing above Rs. 15,000/- (Rupees Fifteen Thousand) only and up to Rs. 1,00,000/- (Rupees One lakh) only on each occasion may be made on the recommendations of a duly constituted Local Purchase Committee consisting of three members of an appropriate level as decided by the Director of Lab/Estt. The committee will survey the market to ascertain the reasonableness of rate, quality and specifications and

Identify the appropriate supplier. Before recommending placement of the purchase order, the members of the committee will jointly record a certificate as under. CFA will ensure that splitting of demands is avoided.

ii.        Splitting of consolidated demand of Antivirus in three parts: Dr. Arvind Kumar Saxena split the consolidated the demand in three parts and misused his official position & powers so that case could not go under Limited Tender. In all cases of three local boards supply order was placed to the same vendor. This establishes vested interests of Dr. Saxena and Mr. Sarvesh Kumar using Local Board for purchase of Antivirus instead of Limited Tender. This leads loss to public fund and Corruption of Rs. 37920.00 by Mr. Sarvesh Kumar.

iii.        As per provisions of Purchase Management 2006 Rule 5.1.1(b) –Purchase orders will not be split-up to avoid the necessity for obtaining sanction of the higher authorities. Copy of the rule is enclosed as Annexure-8. Sprit of Purchase Rules and CVC Guidelines is that “The proposals shall not be split merely to bring them within the delegated powers”.

iv.           Local Board did not make market survey to ascertain the reasonableness of rate, quality and specifications and identify the appropriate supplier, rather one vendor M/s P. S. Computronics pre-fixed by Dr. Saxena was allowed to submit three quotations to Sarvesh Kumar and board members were forced to sign the certificates and other purchase related papers. Hence purchase procedure according to Purchase Management 2006 was not followed and grossly violated in this case.

3.           Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur and Mr. Sarvesh Kumar, Scientist ‘F’ are posted in DMSRDE, Kanpur. Dr. Arvind Kumar Saxena is Director, DMSRDE with effect from 01 January 2011.

4.           Dr. Arvind Kumar Saxena, Director, DMSRDE dissolved Information Technology Division on 02 Dec 2013 and constituted a new division “Computer Science Division” under headship of Mr. Sarvesh Kumar, Scientist ‘F’.

5.            Procurement and installation of Antivirus in all computers available in DMSRDE was one of the charters of Information Technology Division. Every year this division was purchasing about 300 units of Antivirus Licenses for security of PCs. These Antiviruses are having life time of one year from date of installation.

6.            In the year 2011, a demand was initiated for procurement of Antivirus Licenses with following details. Copy of the demand is enclosed as Annexure-1.table1

7.             300 units of Quick Heal Total Security Antivirus were purchased in the year 2012 on the basis of demand mentioned above. Details of procurement are given below. Copies of Supply Orders issued on 14 Nov 2011 are enclosed as Annexure-2.

table2

8.           Unit price details of Quick Heal Antivirus purchased in year 2012 are given below.table3

9.            During the period his posting at Information Technology Division, DMSRDE, Kanpur from 01.01. 2011 to 02.12.2013, Mr. Sarvesh Kumar, Scientist ‘F’ made following procurements as indenter on orders of Dr. Arvind Kumar Saxena, Director. Copies of the demands initiated by Sarvesh Kumar are enclosed as Annexure-3LIST OF CASES INDENTED AND ITEMS PROCURDED BY MR. SARVESH KUMAR, SCIENTIST ‘F’

table4 Demand status of cases initiated by  Mr. Sarvesh Kumar is enclosed as Annexure-4.

10.            In Information Technology Division, DMSRDE, Kanpur three Scientist Mr. R.P. Bhat, Scientist ‘F’, Mr. Sarvesh Kumar, Scientist ‘F’ and Mr. N.P. Gupta, Scientist ‘C’ were posted from 19 Feb 2012- 02 Dec 2013. Mr. R.P. Bhat, Scientist ‘F’ was Head of Information Technology Division.

11.              IT Division sought Proposal for Antivirus for procurement of Quickheal Total Security Antivirus from M/s Well Known Computers Pvt Ltd, Kanpur in the year 2013 on 14.01.2013. Copy of the proposal dated 14.01.2013 is enclosed as Annexure-5. The details of the proposal Well Known Computers are as under.

table5

12.            In the year 2013, for procurement of Quick Heal Total Security Antivirus (300 Units) a Statement of Case was put-up to Dr. Arvind Kumar Saxena, Director, DMSRDE for procurement of Antivirus under Limited Tender through Head IT Division but Dr. Saxena turned down the case and constituted a Local Board for procurement of Antivirus.  This Local Board was constituted of Mr. Sarvesh Kumar, Scientist ‘E’ (now Scientist ‘F’) Chairman, Mr. Sanjeev Kumar, Scientist ‘D’ and Mr. N.P. Gupta, Scientist ‘C’.

13.             On direction of Dr. Saxena, Mr. Sarvesh Kumar split the demand of Antivirus licenses in three parts and gets financial sanction from Dr. Saxena, Director in three cases under Local Board. Total consolidated demands of 372 Antivirus licenses were split in three parts so that cases remain under financial powers (Rs. 1.0 lakh) of the Director and procurement could be made under Local Board. Details of procurement of Quick Heal Total Security Antiviruses in the year 2013 by Mr. Sarvesh Kumar, Scientist ‘F’ are given below.table6

These Quickheal Antivirus packs were received by Mr. Sarvesh Kumar on 11 Apr 2013 vide Receipt & Inspection Note (RIN) No. 14LP0009 and 14LP0010 dated 11 April 2013. Copies of the receipts are enclosed as Annexure-6.

14.        Unit price details of Quick Heal Antivirus purchased in year 2013 by Mr. Sarvesh Kumar are given below.table7

15.         It is very clear from the observation of the Purchase Proposal of Well Known Computers and procurements made by Mr. Sarvesh Kumar that the rates of Quickheal Antivirus are higher in later case. This lead loss to Government fund due to corrupt practices adopted by Dr. Arvind Kumar Saxena and Mr. Sarvesh Kumar. Comparative details of both cases are given below.

Comparative rates of Well Known Computers (Proposal) and P.S. Computronics (Sarvesh)table8

Loss to public fund on purchase of Antivirus by Sarvesh Kumar on split of consolidated demand by Dr. Arvind Kumar Saxena, Director, DMSRDEtable9

16.      Before placing the order the IT division can see these online offers which are less then quoted price and negotiate for best price from vendors in the interest of organization. Even that the for bulk there paper license offers are available.
17.       Therefore purchases made by Dr. Arvind Kumar Saxena and Mr. Sarvesh Kumar by split of consolidated demand of Antivirus lead loss to public fund by Rs. 37920.00 and in turn make a scope of Corruption.

VIOLATION OF DIRECTOR’S POWER AND CONDUCT RULES

i.     Misuse of power & position for personal gain
ii.    Violation of Rule 3(1) and 3(2)(i) and 3(1)(iii) of CCS(Conducts) Rules 1964                   iii.    Splitting of demands of Antivirus in three parts and Constitution of Local Board instead of Limited Tender for purchase of Antivirus                                                                   iv.   Sanctioning of three cases of purchases each just below Rs. 1.0 Lakh of his financial powers

AS HEAD “Computer Science Division” MR. SARVESH KUMAR, SCIENTIST ‘F’ VIOLATED THE DRDO PROCUREMENT RULES

i.       Did not follow the purchase procedure of Local Purchase Committee. Didnot make any market survey instead collected three quotations by hand from representative of M/s P. S. Computronics, Kanpur and forced to sign on the papers to other two members of the board.
ii.       Gross violation of conduct under Rule 3.(1) of CCS(Conducts) Rules 1964

Therefore, in light of the above mentioned facts and evidences, may kindly investigate the matter. This may be the “tip of iceberg”. Further investigation may reveal violations of procurement for personal gain in the tune of corers of rupees.

The classic example from DMSRDE, Kanpur is the violation of procurement rules for the purchase of   “High Temp. Reaction Overhead System” 28,50,000 &   “50 Ltrs. High Temp. Monel Reactor” 38,50,000. This split case example of where Director’s power is limited up to 50 lakh with a Hqrs rep. because without splited the system cost was Rs 62.5 lakh. The details will be followed.

Similar misadventure was committed several times in the name of technology development by Ex, DG, DRDO Dr V K Saraswat, where financial power was limited up to 50 corers  and CAG in its special audit noticed violation of splitting the procurement cases while CCPA approved for Rs 150 corers.

Regards

 Prabhu Dandriyal
21-Sunderwal, Raipur, Dehradun -248008
0135-2787750 – 91-9411114879 
prabhudoon@gmail.com, www.corruptionindrdo.com
table10
 
Drdo

RTI- Hindustan University – DRDO

1 Comment

To                                                                                                          Date 5th December 2013    The CPIO, DRDO HQ                                                                                                                      Room No. 314A                                                                                                                          DRDO Bhawan, 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 Hindustan University, P.O.Box No.1, Rajiv Gandhi Salai (OMR),Padur, (Via) Kelambakkam, Chennai – 603 103, India

1.Please provide total amount of funds granted to  Hindustan University, P.O.Box No.1, Rajiv Gandhi Salai (OMR),Padur, (Via) Kelambakkam, Chennai – 603 103, India since April 2008 to March 2013 for various purposes.

2.Name of scientists of DRDO who enroll for PhD since April 2008 to March 2013.

3. Name of scientists of DRDO who joined Hindustan University

4. Copy of NOC, Copy of No Objection” for the proposed post retirement commercial employment has   been obtained from the cadre controlling authority and from the office where the officer  retired. Copy of vigilance clearance from the competent authority of Dr. Ilavazhagan Govindasamy, Director (Research) at Hindustan University, Kanchipuram, Tamil Nadu, India

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. As you aware the recruitment case of Mrs T Chandra banu, Scientist ‘F’, DRDO Hqrs (wife of Dr. Ilavazhagan Govindasamy) has been recommended for CBI inquiry by honorable Sh A K Antony, Defence Minister on 29th October 2013.

Regards

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

 Registration Number – MODEF/R/2013/61035

Drdo

RTI – DMSRDE – National Conference on Advanced Polymers, Fibers and Fabrics

1 Comment
To,
Shri Sarvesh Kumar
Scientist ‘F’
Public Information Officer
DMSRDE, GT Road
Kanpur-208013                   

Subject: Application under Right to Information Act 2005

Sir,

DMSRDE Kanpur organized National Conference on Advanced Polymers, Fibers and Fabrics (APF2 -2011), December 26-28, 2011 at DMSRDE, Kanpur. Kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. Bank account details opened for APF2-2011 with following information
  • Date of opening account
  • Account Number
  • Bank name and  branch name
  • Present status of account Running/closed. If running then balance in the account as on 15 Aug 2013.
  1. Total amount collected from all sources to organize the conference on APF2-2011.
  2. Provide details of total funds (amount) collected from all sources for  organizing APF2-2011 in following format.

S.N.

Source

Amount in Rs.

1.

 Vendors/Firms/Industry/Suppliers

2.

 DRDO HQ

3.

 Director, DMSRDE (Misc. Head/other sources)

4.

 Advertisements from Industry/vendors for sponsorship in SOUVENIR, APF2-2011

5.

 Registration Charges from delegates

6.

 Lodging & boarding charges from delegates

7.

 Fund Received from CSD Canteen , DMSRDE

8.

 Other sources – source wise

TOTAL
  1. Whether sources of funds & expenditure details (Account Documents/Balance Sheets) were audited by independent audit agency like ACDA, AO(R&D),DMSRDE. (Yes/No)
  2. If answer to point (4) above is Yes then provide the copy of Audit Report.
  3. Name & designation of Treasurer/Cashier for  APF2-2011.
  4. Details of officers with name & designation who were authorized to sign the cheque to withdraw the money/fund from APF2-2011 account.
  5. Provide the information about the funds/money donated in APF2-2011 by vendors/suppliers/Industry/Firms/etc  in following format
S.N. Name of vendor/ supplier/ firm/ Industry/etc with address Fund (Amount) donated (Rs.) Cheque No. & date
  1. Reasons for which vendors/Industry/suppliers donated fund to DMSRDE for organizing APF2-2011.
  2. Whether any request/appeal/demand was made from Director, DMSRDE or Convener, APF2-2011 to vendors/suppliers/Industry to donate funds to DMSRDE for organizing APF2-2011, either  written or verbal. (Yes/No)
  3. If request/demand was made in writing then provide  copy of the letter issued to vendors/suppliers/Industry for demanding the funds from DMSRDE.
  4. Provide bank account statement of APF2-2011 and copy of balance sheet of expenditures incurred in APF2-2011.

The information sought in this RTI Application is pertaining to allegations of corruption and as such not exempted u/s 24 of the RTI Act.

An IPO of Rs. 10/- as application fee (IPO No.966244) is annexed as Annexure-1.

Date: 05 September, 2013                                                  
 
 
(Prabhu Dayal Dandriyal)
21-Sunderwala, Raipur
Dehradun-248008
Uttarakhand                    

Annexure:-

  1. IPO of Rs. 10/- , with IPO No.966244 as application Fee.