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Drdo

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

December 9, 2014 Prabhu 17 Comments

To 9^th December 2014

Honorable Shri Narendra Modi

Prime Minister

PMO, Room No -102 South Block

New Delhi-110011

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

Honorable Sir,

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

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

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

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

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

Thanking You

Prabhu Dandriyal

www.corruptionindrdo.com

21-Sunderwala, Raipur.Dehradun-248008

Enclosed – Public interest litigation (PIL)

IN THE HIGH COURT OF JUDICATURE AT DELHI

*****

I N D E X

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

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal

…Petitioner

Versus

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

…Respondents

Dated _____________ 2014

( )

Advocate

Counsel for the petitioner

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

*****

LIST OF RELEVANT DATES & EVENTS

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

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal son of Late Shri R N Dandriyal

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

…Petitioner

Versus

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

…Respondents

Dated _____________ 2014

( )

Advocate

Counsel for the petitioner

Chamber No. High Court, Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI

*****

CIVIL MISC. STAY APPLCIATION No. OF 2014

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

On behalf of:-

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

…Petitioner

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

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal son of Late Shri R N Dandriyal

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

…Petitioner

Versus

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

…Respondents

To,

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

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

PRA YER

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

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

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

Dated _____________ 2014

( )

Advocate

Counsel for the petitioner

Chamber No. High Court, Delhi

IN THE HIGH COURT OF JUDICATURE AT DELHI

*****

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

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal son of Late Shri R N Dandriyal

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

…Petitioner

Versus

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

…Respondents

To,

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

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

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

Drdo

PIL- Grounds

December 9, 2014 Prabhu Leave a comment

GROUNDS

BECAUSE, Shri Avinash Chander , DS was granted extension for two terms, 60 years to 62 years (01 Dec 2010 -30 Nov 2012) and 62 to 64 years(01 Dec 2012 to 30 Nov 2014). Extension in the service beyond the age of superannuation covered under the 2^nd and 3^rd proviso of FR 56(d) and various OMs issued by DOPT. The procedure for grant of extension to the Scientists is laid down in DOPT DO letter No. 28/19/2000-EO(SM-II) dated the 10th July, 2000, OM No. 26012/6/2002-Estt. (A) dated 9^th December 2002, OM No. 26012/8/2011-Estt. (A) dated 16 May 2011, OM No. 26012/12/2013-Estt.(A) dated 13 June, 2013 and OM No. 26012/7/2013-Estt.(A.IV) dated 26 Jun 2013.
BECAUSE, the second extension in service beyond the age of 62 years of Sri Avinash Chander was wholly illegal as it does not fulfil the provisions and conditions of FR 56(d) and various OMs of DOPT mentioned above. The first condition that was violated is “International Stature” of the Scientist. The second condition that was violated is “whether this extension will block promotion opportunities of others in the Department”. (Please refer to Para 3 DOPT OM No. 26012/8/2011-Estt. (A) dated 16 May 2011)
Because, Shri Avinash Chander is not having International Stature in field of Science & Technology and therefore ACC should not rant him extension beyond age of 62 years after superannuation upto 64 years under the gross violation of the third proviso to FR 56(d).
Because, the number of posts of Distinguished Scientists are fixed by Government under the provisions of DRDS Rules 1979 and it was 8-10 as in year 2012 when extension in service beyond 62 year to 64 year age was granted Sri Avinash Chander. All the Distinguished Scientists in the year 2012 were on extension so it blocked promotion opportunities of other senior scientists in the department as until they will not retire the Outstanding Scientists below the age of 60 years could not get promotion as vacancy of Distinguished Scientists have been fixed by the Government.
Because, the extension in service beyond the age of 62 years to Shri Avinash Chander was illegal, therefore his appointment to the post of Secretary, DRD is wholly illegal and unjustified.
Because, pay scale of Distinguished Scientist is Rs 75,500-80,000/- (HAG+ Scale) and pay scale of Secretary, DRD is Rs 80,000 (fixed).Therefore appointment from Distinguished Scientist to Secretary is promotion cum appointment as pay scales have been changed. No Government servant who is on extension of service after the prescribed date of retirement should be promoted to another post during the period of extension of service.(Please refer DOPT Handbook- Age of Retirement/Extension)
Because, the appointment of Sri Avinash Chander as Secretary, DRD was at the time when he was on extension in service 62-64 years so technically it was promotion cum appointment. Since no Government servant who is on extension of service after the prescribed date of retirement should be promoted to another post during the period of extension of service, hence appointment of Sri Avinash Chander as Secretary, DRD is illegal.
Because, in reply to Unstarred Question NO-2871 put by Sri E.M. Sudarsana Natchiappan, MP in Rajya Sabha on 06.09.2012 on Appointment of Secretaries on contract basis, it was informed by Hon’ble Shri V. Narayanasamy, Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office that “there is no policy formulation for appointing the Secretaries in Union Ministries and Departments on contract”.
Because, The Department of Personnel and Training (DoPT), in its reply to Lok Sabha MP Asaduddin Owaisi, has stated that “Government servants are allowed to continue in service after 60 years in rare and exceptional cases.” It is relevant to mention here that the news was published on 28 May 2012 in Hindustan Times stating “Contractual appointment post-retirement not in rules” based on reply given by DOPT, Ministry of Personnel in 15^th Lok Sabha.
Because, there were several young and more qualified Scientist than Sri Avinash Chander in the list for consideration before ACC but they were ignored by ACC. The appointment of Shri Avinash Chander who was having just 1.5 year in his retirement even after second extension in service is wholly unjustified.
Because, orders for regular appointment and contractual appointment could not be clubbed in one order as both are totally distinct action as per recruitment rules. DOPT should initiate the case of contractual appointment separately when Shri Avinash Chander being at verge of his retirement and Government should feel his requirement in absence of suitable leadership in the existing Scientists in the department.
Because, an official appointed on contract after retirement cannot function as Head of Office for all administrative & financial matters in the department. Since it is apparent from his appointment letter that he will exercise all administrative and financial powers on contractual appointment as he was having in his regular appointment before retirement.
Because, presently there are more than a dozen Distinguished Scientists in DRDO from various disciplines like Missiles, Aeronautics, Combat Vehicle, Armament and Electronics & Computer Science. DRDO is having seven Director General and six Chief Controller R&D in HAG+ Scale, hence there was no need and necessity to appoint Shri Avinash Chander on contract in advance prior to 1.5 year of his retirement on 31 May 2013 by ACC.
Because, decision of ACC to give appointment on contract to Shri Avinash Chander on 31 May 2013, i.e. 1.5 years prior to his retirement shows malafide intentions as on 31 May 2013, how can ACC decide that there will be no alternate to Shri Avinash Chander who can hold the position of Secretary, DRD, DGR&D and SA to RM after his retirement on 30 November 2014. While holding the position of Secretary, DRD, DGR&D and SA to RM, he was purely involved in Administrative work as he was not associated directly with any project/programme of DRDO. In present organisation structure of DRDO all seven Technological clusters are headed by seven Director Generals who are eminent Distinguished Scientists and experts of their S&T discipline.
Because, the appointment is politically motivated, made with non-application of mind hence malicious and liable to be quashed.
Because, more qualified, having more technical contribution credential and young scientist having enough long tenure was in list but they were ignored by ACC.
Because, Government has not laid down any criteria for selection and appointment of Secretary, DRD till now in past several years and making appointment in arbitrary manner. Transparency is not being maintained in appointment of Sri Avinash Chander as Secretary, DRD and decision was taken by ACC in arbitrary manner.
Because, DRDO is having annual budget of Rs. 15283 crore and more than 30000 official working in the organisation then a person appointed on contract should not exercise the administrative and financial powers.
Because, true and proper facts about integrity of Sri Avinash Chander was not submitted by department to ACC hence the decision to appoint him as Secretary, DRD was not just & proper.
Because, performance of Sri Avinash Chander being Secretary, DRD from 31 May 2013 to 30 Nov 2014 should be re-assessed and should be considered by new ACC (after formation of new Government) keeping in view his integrity in administrative and financial matters at the time of giving contractual appointment to him after his retirement on 30 November 2014. Hence issuing order for appointment on contract in advance on 31 May 2013 is wholly illegal & unjustified.
Because, there are half a dozen complaints on malpractices and corruption against Shri Avinash Chander are pending before Government. Therefore it was no appropriate to appoint him on contract without disposal of complaints and vigilance clearance.
Because, there is no the provision for appointment on contract of any scientist in HAG+ Scale s of DRDS Rules 1979 (R&P Rules of DRDO Scientists) , hence appointment on contract of Shri Avinash Chander is illegal.
Because, under the provisions of DOPT OMs No. AB.14017/34/2008-Estt. (RR) (Pt.) dated 17th June, 2013 and AB.14017/34/2008-Estt. (RR) (Pt.) dated 16th June, 2014 regarding need for contract appointment in the Ministry/Department, there is no provision for contract appointment in SAG/HAG Scale . These two OMs of DOPT clarified that till date Government has not finalised the policy/rules for appointment on contract in SAG/HAG scale. Hence post-retirement appointment on contract of Shri Avinash Chander as Secretary, DRD cum DGR&D and SA to RM is totally illegal.

PRAYER

It is, therefore, most respect fully prayed that this Hon’ble Court may Graciously be pleased to:-

Issue a writ, order or direction in the nature of MANDAMUS commanding/directing the Respondent No. 1 & 2 to cancel the appointment on contract after retirement of Shri Avinash Chander as Secretary, DRD cum DGR&D and SA to RM.
Issue a writ, order or direction in the nature of MANDAMUS commanding to direct the Respondent No. 1 for investigation/probe in all the complaints cases of malpractices and corruption against Shri Avinash Chander by petitioner and other complainants.
Issue interim orders to respondent no. 1 to keep away Shri Avinash Chander from working as Secretary, DRD, DGR&D and SA to RM till the finalization of this PIL.
issue such other writ, order or directions as this Hon’ble Court may deem fit and proper having regard to the facts and circumstances of the case; AND

to award cost of the PIL to the Petitioner.

(…………………..)

Advocate

Date:

IN THE HIGH COURT OF JUDICATURE AT DELHI

*****

ANNEXURE NO. -A1

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

(Under Article 226 of the Constitution of India)

(DISTRICT: DELHI)

Prabhu Dandriyal son of Late Shri R N Dandriyal

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

…Petitioner

Versus

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

…Respondents

Drdo

Sh Avinash Chander’s, DG, DRDO, SA to RM, Secretary, DRD, Contractual Appointment

December 2, 2014 Prabhu 2 Comments

To 2^nd December 2014

Hon’ble Shri Manohar Parrikar,

Defence Minister,

Room No 104, South Block, MoD,

New Delhi-110011

SUBJECT : DRDO CHIEF ON CONTRACT

REFERENCE

Letter No. 12/9/2013-EO(SM-I), Government of India, Secretariat of the Appointment Committee of Cabinet, Ministry of Personnel, Public Grievances and Pensions , dated 31 May 2013 regarding The appointment of Shri Avinash Chander beyond his date of retirement i.e. 30.1 1.2014 on contract basis.
Print Release, Press Information Bureau, Government of India, Ministry of Defence, 28November2014 18:48 IST

Hon’ble Sir,

With regards, I would like to draw your kind attention towards letters under reference. The press release of PIB, MOD is regarding – Avinash Chander to Continue as DRDO Chief on Contract after Superannuation.

Following facts are conclusive form the above letters.

A contractual retired employee (employee on contract) is now DRDO Chief.
By which Order, The President is pleased to retire Dr. Avinash Chander, Secretary, Department of Defence Research & Development in the Ministry of Defence from Government Service with effect from 30.11.2014 (AN) on attaining the age of superannuation. Why the said Order was not disclosed by MOD?
The Order dated 31 May 2013 was issued by previous Government and this Government has issued orders for retirement of Shri Avinash Chander.
There is no fresh order issued by this Government regarding contract of Shri Avinash Chander as DRDO Chief.

Questions

Government is emphasizing on young Scientist in the DRDO on the other hand despite being several talented and experienced scientists available in DRDO, what is necessity and compulsions of a retired person as DRDO Chief.
How a person on contract will enjoy administrative and financial powers while DRDO is having 30000 employees and Rs. 15283 crore budget?
Will they have to report a contractual employee?
How an employee on contract be Head of Department and Head of Office in DRDO.
Would Ministry of Defence could not find any suitable scientist as DRDO Chief out of 7500 talented scientists in DRDO or from other organisations.
Why Government is not maintaining Transparency in the appointment on contract and powers being exercised by Shri Avinash Chander after superannuation. All RTI replies returned under section 24 of RTI Act 2005
Government has cancelled many appointments of previous Government but why not of Shri Avinash Chander while several complaints are pending before the Government against him.
Can a man of doubtful integrity be appointed on contract basis as DRDO Chief? The case of Dr Arun Kumar’s daughter’s recruitment where Sh Avinash Chander give clean chit and after CVC/CVO, MoD intervention the said recruitment was found illegal and cancelled.
Farzi EDK MoU in US propaganda till date nothing has been done, only Ms Reny enjoying the US trips, what India got from this MoU except spending crores of tax payers money and Sh Avinash Chander’s photo session with Ms Fay Crowe, her mother, her sister and her daughter.

Sir, on behalf of Government would you like to reply to the nation being a technocrat-cum-politician, how much it is justified to have DRDO Chief on contract basis for one and half year.

The scientific community and employees are very much surprised from this decision of Government and this will lead frustration among the scientific community of DRDO. In the interest of nation and the DRDO, I kindly request to you to remove the Shri Avinash Chander as DRDO Chief and setup High Level Committee to inquire all the complaints against Shri Avinash Chander pending before the Government (PMO & MOD)

Regards

Prabhu Dandriyal,
21-Sunderwala, Raipur,

Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com website www.corruptionindrdo.com

Copy enclosed:

Appointment Letter dated 31 May 2013
Press Release, PIB, MOD dated 28.11.2014

Press Information Bureau
Government of India
Ministry of Defence
28-November-2014 18:48 IST

Avinash Chander to Continue as DRDO Chief on Contract After Superannuation

The President is pleased to retire Dr. Avinash Chander, Secretary, Department of Defence Research & Development (DOB: 06.11.1950), in the Ministry of Defence from Government Service with effect from 30.11.2014 (AN) on attaining the age of superannuation.

The appointment of Dr. Avinash Chander beyond his date of retirement i.e. 30.11.2014 for 18 months would be on contract basis, with the same terms and conditions as he would be entitled to Secretary (DRD) before the date of retirement. His contractual term will end on 31 May 2016.

N Ao/DM/HH

Drdo

Avinash Chander to continue as DRDO chief till May 2016

November 28, 2014 Prabhu 7 Comments

PTI | November 28, 2014, 19.11 pm IST
New Delhi: India’s premier defence and research organisation DRDO’s chief Dr Avinash Chander was to retire on November 30 but will continue to occupy the position on a contractual basis till May 2016.

“The President is pleased to retire Dr Avinash Chander, Secretary, Department of Defence Research & Development (DOB: 06.11.1950), in the Ministry of Defence from Government Service with effect from 30.11.2014 (AN) on attaining the age of superannuation,” an official statement said on Friday.

It said “the appointment of Chander beyond his date of retirement, November 30, for 18 months would be on contract basis, with the same terms and conditions as he would be entitled to Secretary (DRD) before the date of retirement.”

His contractual term will end on May 31, 2016. Asked if this was the first time a DRDO chief will go on contract, sources said there had been instances when chiefs have been given “extraordinary” extensions.

The DRDO chief also holds the post of Scientific Adviser to the Defence Minister and the Secretary of Department of Defence Research and Development.

Chander joined DRDO in 1972 after completing graduation in Electrical Engineering from Indian Institute of Technology (IIT), Delhi.

He obtained MS in Spatial Information Technology from Jawharlal Nehru Technological University (JNTU), Hyderabad. Chander is the chief architect of Agni series of ballistic missile systems.

Development of Agni range of missiles under a highly-restrictive international control regimes was possible only out of his technology forecast, perspective planning and relentless efforts, DRDO officials said.

Drdo

RTI-PMO- Sh Avinash Chander, DG, DRDO, Secretary, DRD, SA to RM

November 2, 2014 Prabhu 6 Comments

To 2nd November 2014
Shri Syed Ekram Rizwi,
CPIO, PMO,
South Block,
New Delhi – 110011

Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of Rule 4 of CCS(Conducts) Rules 1964 – “Employment of near relatives of Govt. servants in companies or firms”, GOI [MHA OM No. 25/43/55-Ests.(A), dated 19.01.1956] – “ Propriety of sons and near relatives of Class I (now Group A) officers seeking employment in private firms which enjoy Government patronage” and GOI [MHA OM No. 24/43/56-Ests.(A), dated 26.05.1957] – Awarding of contract to a firm in which son/daughter/dependent of an officer is employed.

Shri Avinash Chander is holding the post of Secretary, DRD since 31 May 2013.
PMO is custodian of information related to Secretary of all Ministries/Department.
kindly provide following information under Section 6(1) of RTI Act.

1. Whether son/daughter/wife of Shri Avinash Chander is proprietor, partner, shareholder or employee of the any company, firm or business group that deals with any procurement /supply /fabrication/business/contracts related activity in any Establishment/Unit/Lab of DRDO. (Yes/No)
2. If answer to point(1) is Yes then provide the following details:
i. Relation with family member (son/daughter/wife)
ii. Name & address of family member/dependent
iii. Name of Company/Firm/Business Group with address
iv. Relation with Company/Firm – Proprietor /Partner /Shareholder or Employee
v. Stake in Company/Firm of the family member in case partner or shareholder
3. If answer to point(1) is Yes then provide the following details regarding contracts awarded/Supply Orders issued by DRDO to that company/firm during the years 2010 -2014
i. Total cost of contracts awarded/supply orders issued to that company/firm
ii. Total number of contracts awarded/supply order issued to that company/firm
4. If answer to point(1) is Yes then whether Shri Avinash Chander declared the facts and desist himself from the dealing of the case while award of contract/supply order or exercise patronage in favour of the company/firm as required under Rules 4 of CCS(Conducts) Rule 1964. (Yes/No)
5. If answer to point (4) is Yes then provide the copies of declarations submitted by Shri Avinash Chander to DRDO/MOD/Government of India
6. .Whether Shri Avinash Chander intimated to Government under provisions of Rule 4 of CCS (Conducts) Rules, 1964 regarding acceptance of employment of his son/daughter/dependent in the company/firm that has official dealing with DRDO. (Yes/No)
7. If answer to point (6) is Yes then provide copy of intimation regarding acceptance of employment by son/daughter/dependent under the provisions of Rule 4 of CCS (Conducts) Rules, 1964.

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

Registration Number PMOIN/R/2014/61523

Drdo

RTI-DRDO-PMO

October 21, 2014 Prabhu 1 Comment

To Date – 21 October 2014

Shri Syed Ekram Rizwi,

Director & Central Public Information Officer,

Prime Minister’s Office,
South Block,

New Delhi – 110011

Hello,
Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of following complaints/representations to Hon’ble Prime Minister with details as under.

DEEMED SUSPENSION OF DR. G. MALKONDIAH, DS AND CCR&D (HR), DRDO AS under the provisions of Rule 10(2)(b) of CCS(CCA) Rules 1965, dated 06 Oct 2014
Shri Avinash Chander SA to RM , DG DRDO, Secretary (DRD) patronizing organized corruption in procurement by Dr. A. K. Saxena, Director, DMSRDE, DRDO, Kanpur, Dated 13 September 2014
CORRUPTION IN DMSRDE (DRDO), KANPUR BY DR. ARVIND KUMAR SAXENA, DIRECTOR, dated 11 September 2014
Non-Implementation of DOPT, Govt. of India, Office Memorandums regarding submission of IPR and put the same in Public Domain in Defence Research & Development Organisation, Min. of Defence, dated 28 July 2014
DRDO Corruption – Modus Operandi example prevailing corruption in DRDO labs, dated 11 June 2014
The Appointment Committee of the Cabinet appointed Sh. Avinash Chander on contract basis, dated 27 May 2014

Provide the present status of the complaints.
Action taken by PMO on the complaint.
If any reply received by PMO on subject matter from respective matters from ministry of Defence or directly from DRDO please provide the copy of replies.

Regards

Prabhu Dandriyal

21-Sunderwala, Raipur

Dehradun-248008

Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com, website www.corruptionindrdo.com

Registration Number PMOIN/R/2014/61418

Drdo

Conspiracy and propaganda for reverse technology transfer to USA by forged TOT of EDK by DRDO under guidance of Shri Avinash Chander, DGR&D, DRDO and SA to RM, Secretary, DRD

October 18, 2014 Prabhu 3 Comments

Hon’ble

Shri Narendra Modi

Prime Minister of India

PMO, South Block

New Delhi-110011

Subject: Conspiracy and propaganda for reverse technology transfer to USA by forged TOT of EDK by DRDO under guidance of Shri Avinash Chander, DGR&D, DRDO and SA to RM, Secretary, DRD

Sir,

HEMRL, Pune is one of the establishments of DRDO working on R&D of High Energy Materials and it developed the technology of EDI. DRDO patented the technology of Explosive Detection & Identification through Indian Patent Office by Patent Application No 524/DEL/1996 dated 12-Mar-1996 for

“A PROCESS FOR EXPLOSIVE DETECTION AND IDENTIFICATION”.

The patent granted vide patent no 238663 dated 16 Feb 2010.

As per GOI website Inventors of the said patent were RABINDRA KUMAR SINHA, USHA DEVI RAMACHANDRAN NAIR, HIRA LAL YADAV and JAMAN SINGH GHARIA .

Copy of Patent is enclosed as Annexure-I

Astonishing fact is that HEMRL falsely credited Ms Reny M Roy, Scientist C as innovator of EDK vide their letter No HEMRL/TS/3341 dated 8 March 2010. Copy of the letter is enclosed as Annexure-II.

DRDO signed licensing agreement for explosive detection kit with an Indian company, Vantage Integrated Security Solutions, Noida. The company basically working in area of CCTV, they import in kit form and assemble in Noida, no any connection in explosive, basically the company is instrumental for EDK propaganda because of Mr Panrav Verma’s (Owner) close proximity with corrupt DRDO officials who are using this company for CCTV applications for all over DRDO labs.Company’s website is self explanatory http://www.vantagesecurity.com/.

The expose of special audit by CGDA in 2012 jolted DRDO in each and every level subsequently Dr V K Sarswat, DG DRDO failed to get further extension and relived on 31^st May. Indian media criticized the misadventures of DRDO corrupt practises especially by top scientists.

To divert the attention of country and media as well as politicians Sh Avinash Chander made big international propaganda of EDK Reverse Technology Transfer to US which was already signed MOU between then HEMRL, Pune’s Director, Dr. Subhanadnanda Rao and Mrs Fay Crow, President of Crow & Crow Co, on 25^th April 2011. Copy enclose as evidence.

Crowe and Company, LLC, a woman-owned, very small LLC, registered in SUMMERVILLE, South Carolina in 20^th November 2007, net base company as per company website crowderscustomizing.com involve in business of car accessories, marketing & management consultancy. As per data available in internet the company turnover only $ 100000 only has two employees etc.

DRDO designed a high profile drama involved Indian Embassy, Washington, DC US chamber of commerce, FICCI, India to fool the country.

DRDO wasted lakhs of lakhs Rupees organised lunch for 1000 people, DRDO team under leadership of Sh Avinash Chander consisting more than 12 persons visited US, then Indian Ambassador Mrs Nirupama Rao gave dinner party for these DRDO team and Fay Crowe team.

Interestingly such big defence organisation of India signed second time same MOU with Mrs Fay Crowe, CEO who was present there with her mother, sister and daughter. India’s achievement was the photo session of Sh Avinash Chander only.

Explosive Detection & Identification (EDK) is nothing but as usual bluff of DRDO, because DRDO is mastering in bluffing the country and the KARGIL War was the eye opener for the country. But because of lack in vision of UPA government corrective measure not taken and DRDO got liberty to fool the country.
Again DRDO trying to lipapoti on EDK by sending again to US Ms Reny M Roy, Scientist C and one Technical Officer Mr Satish Nayak to do some gimmick with Ms Fay Crowe and waste some precious poor tax payer money
The enclosed documents, photographs, news paper clips are self explanatory of this conspiracy of DRDO.
The justification of this exercise from DRDO is need not important because whole world now knows the bluff of DRDO team this game was done only to distract the attention of media and public from DRDO failures, corruptions and CVC, CVO investigations.

It is requested a thorough investigation may be ordered to stop this kind of misadventure by DRDO, because of this country will face embarrassment situation of our country in international platform.

Regards

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

Enclosed :

DRDO documents available in respect of EDK
Information on Internet available regarding Mrs Fay Crow and his company
News paper clips regarding EDK MOU national and International

Drdo

No extensions sans ACC okay: Government to DRDO

September 27, 2014 Prabhu 5 Comments

By Aman Sharma, ET Bureau | 27 Sep, 2014,

NEW DELHI: In a message to the Defence Research Development Organisation that has over a dozen scientists working on tenures beyond 60, the government has frowned at the tendency of giving extensions to scientists without consulting the Appointments Committee of Cabinet (ACC).

Prime Minister Narendra Modi is said to be unhappy with DRDO’s functioning and had recently advocated that five out of the 52 DRDO labs be manned by young scientists after reports with the government revealed that as many as 358 scientists had quit DRDO between 2009 and 2013.

A government note sent on Friday to nine ministries and departments which have specialists in scientific or medical fields, including DRDO and Department of Space, the Department of Personnel and Training has said that the ACC headed by the prime minister has observed that in some cases, departments have unilaterally extended the service officers beyond the age of superannuation without obtaining the approval of ACC.

“It is reiterated that in absence of specific approval of ACC towards extension of services beyond the date of superannuation, an officer should stand retired on his date of superannuation and under no circumstances should the Ministry/Department extend his services beyond superannuation unilaterally without approval of ACC,” the note says. This also comes on the heels of the success of the Mars Orbiter Mission where Modi had praised scientists at ISRO for the feat.

In Friday’s note, the policy drawn up by the NDA government in 2002 was pointed to, which said that any tenure extensions to scientists should be “only in really exceptional circumstances” and only if the retiring specialist “is not just one of the outstanding officers but is really head and shoulders above the rest”.

That policy also said that too many cases of extensions are likely to cause “frustration and affect morale of upcoming scientists who have exposure to latest technological developments.” In 2012, DRDO admitted that 37 scientists — 12 of whom were in distinguished category — were on extended tenures. This was despite the Rama Rao Committee, which carried out the first external review of DRDO in 2008, calling for a younger profile of top scientists. DRDO secretary Avinash Chander is also working on an extension.

ET had reported on August 23 that Modi was not happy about this situation and had sought all details after he was told about the high attrition rate among younger scientists. Friday’s note also goes out to the departments of Atomic Energy, Science and Technology, Scientific and Industrial Research, Information Technology and Environment Ministry.

Drdo

Scientific Nexus – RTI – DAE

September 25, 2014 Prabhu Leave a comment

To 25^th September 2014

Shri Arun Srivastava,

Secretary, CPIO,

Atomic Energy Commission,

OYC Building, C.S.M. Marg,

Mumbai-400001

Hello,

Kindly provide me with the following information requested under the purview of the Right to Information Act, 2005 in respect of project- Nano Magneto-dielectric materials for high frequency applications -sanction to Dr Atul Thakur, Shoolini University Bajhol, Solan-Oachghat-Kumarhatti Highway, Solan, HP.. The project granted by DAE under BOARD OF RESEARCH IN NUCLEAR SCIENCES (BRNS) The project cost Rs 18.23 Lakh and Period 2012- 2014.

Provide the copy of Project Proposal Application Form for the project -Nano Magneto-dielectric materials for high frequency applications- by Dr Atul Thakur Shoolini University, Solan.
Provide the name and designation of DAE official who has sanctioned the project to Dr Atul Thakur.
Provide the date of sanction of the project –Nano Magneto-dielectric materials for high frequency applications to Dr Atul Thakur.

Regards

Prabhu Dandriyal,
21-Sunderwala, Raipur, Dehradun -248008

0135- 2787750, 9411114879,

prabhudoon@gmail.com www.corruptionindrdo.com

Drdo

डीआरडीओ में श्री अविनाश चन्दर, वैज्ञानिक सलाहकार की चल रही है जागीरदारी (Example of Sh Avinash Chander’s feudalism in DRDO)

September 14, 2014 Prabhu 1 Comment

माननीय श्रीनरेंद्र मोदी जी दिनाक 14 सितम्बर2014

प्रधानमंत्री

कक्षसंख्या 152 पीएमओ

साउथ ब्लाक नईदिल्ली -110011

विषय : डीआरडीओमें श्री अविनाश चन्दर, वैज्ञानिक सलाहकार द्वारा जागीरदारी

माननीय श्री प्रधानमंत्री जी यह एक बड़े खेद का विषय है कि इतने महत्वपूर्ण संगठन के शीर्ष अधिकारी श्री अविनाश चन्दर जी ने सारी नैतिकताओं को दर किनार करते हुए डीआरडीओ में अपनी जागीरदारी चला रखी है।

आपने दिल्ली में जो देख कर जनता को लालकिले से अपना अनुभव बताया कि सब विभागों में अपनी अपनी जागीरदारी चल रही है वह एक पूर्ण सत्य है।

श्री अविनाश चन्दर जी ने अभी कुछ समय पहले एक वैज्ञानिक ‘जी’ पद में बहुत ही मनमाने ढंग सब नियत मानको की अनदेखी कर रिटायर कमोडोर सरोज पटेल की नियुक्ति करी है।

श्री अविनाश चन्दर जी ने रिटायर कमोडोर सरोज पटेल की सिर्फ नियुक्ति ही नहीं करी बल्कि डीआरडीओ के 507 वरिष्ठ वैज्ञानिक ‘जी’ की वरिष्ठता को दरकिनार करते हुए श्री पटेल को नियुक्ति के चार दिनों में डायरेक्टर के पद में भी बैठा कर वैज्ञानिको का मनोबल गिरा दिया है।

पूरे देश ने कारगिल जंग के समय डीआरडीओ की असफलताओ को देखा था और सबको जनरल मालिक के शब्द याद है ” डीआरडीओ के वजह से सेना वेपन लोकेटर रडार नहीं प्राप्त हो पाया और जिसके कारण सेना को अपने इतने जवान खोने पड़े”

आपसे आशा है की निम्न प्रेषित उक्त नियुक्ति की धांधली के पूर्ण विवरण को सी वी सी को जाँच के लिए आदेश देंगे जिससे डीआरडीओ के समर्पित वैज्ञानिको का मनोबल बढ़ सके और वे देश की विकास में भागीदारी में अपना पूर्ण योगदान कर सके।

धन्यवाद

प्रभुडंडरियाल

21-सुंदरवाला, रायपुर, देहरादून

फ़ोन 0135- 2787750, मोबाइल – 9411114879,

e-मेल id prabhudoon@gmail.com वेबसाइट www.corruptionindrdo.com

To 14^th September 2014

Central Vigilance Commissioner,

Central Vigilance Commission,

Satarkta Bhawan, A- Block,

GPO Complex, INA,

New Delhi-110023

SUBJECT:RECRUITMENT SCAM –II IN DRDO

Recruitment of Sh Saroj Kumar Patel, Scientist ‘G’ and Appointment on post of Director, Directorate of Quality, Reliability &Safety (DQRS), DRDO HQ Complaint against Sh Avinash Chander, DG, DRDO, SA to RM, Secretary, DRD

Sir,

Nepotism, favoritism, corruption and manipulations with vested interest in higher recruitment by misusing powers by HOD are very common practices now days in Government system by different means.

Based on the practices stated above, the Recruitment Scam-I occurred in DRDO in which several top Scientists including some ex-DGR&D, ex-CCR&D, ex-Directors and their daughters & relatives were involved. Several complaints were made to CVC & Defence Minister regarding Recruitment Scam-I and consequently CVC advices disciplinary action against Dr. Arun Kumar, Ex-DOP under major penalty vide OM No. 010/DEF/039/184877 dated 23.08.2012.(Copy enclosed-I).

Dr. Arun Kumar was suspended on the last day of his superannuation. Similarly some other Scientist Dr. S M Veerbhadrapa, Ex-Director, DTRL then HRD Charge Sheeted and Smt Chandra bano, Scientist ‘F’, DHRD was dismissed from service just 12 days before retirement. Since top ten officials of DRDO involved in Recruitment Scam-I were retired therefore on advice of Director (Vigilance) & CVO, Min. of Defence , then Defence Minister recommended CBI probe in Recruitment Scam-I of DRDO vide Dte (Vigilance), MOD note no.48-55 ante observations of JS & CVO at note 56 ante in November 2013. The news was published in media. Copy enclosed (II).

Shri Avinash Chander then CCR&D(MSS) also played an important role in Recruitment Scam-I while being member of expert committee under Chairmanship of Prof. SK Salwan, he gave clean chit to his friend Dr. Arun Kumar , ex-DOP vide his report dated 08.06.2011.

This case is regarding illegal recruitment with motivated planned conspiracy of Shri Avinash Chander, DG, DRDO and SA to RM, Dr. A.K. Singh, DOP and Smt. Hina Gokhle, Director, DHRD and Dr. RK Jain, Director, RAC and Dr. DN Reddy, Chairman, RAC.

BRIEF FACTS OF THE COMPLAINT

Shri Avinash Chander, DS was Director, ASL, Hyderabad from August 2005 to May 2011. He was appointed as CCR&D (MSS) in DRDO HQ and was holding position of no. 2 after Dr. V.K. Saraswat, then DGR&D and SA to RM. Shri Avinash Chander took over as DGR&D, DRDO and SA to RM wef 31 May 2013 after superannuation of Dr. V.K. Saraswat.
Smt. Tessy Thomas was working in ASL since its foundation and she was subordinate to Shri Avinash Chander when he was Director, ASL, Hyderabad. Smt Tessy Thomas was promoted to Scientist ‘H’/Outstanding Scientist wef 18 October 2013. She was appointed as Director, ASL, Hyderabad wef 25 July 2014.
As a matter of facts, the competent authority in DRDO for appointment of Directors of Lab/Estt and Directorates at DRDO HQ is Shri Avinash Chander DGR&D, DRDO and SA to RM.
Shri Saroj Kumar Patel, husband of Smt Tessy Thomas, OS (now Director, ASL) was serving in Indian Navy as Commodore and retired from Indian Navy on 31 January 2013. To oblige Smt Tessy Thomas, Shri Avinash Chander, then CCR&D(MSS) misused his position and succeeded in creation of a vacancy of Scientist ‘G’ in DRDO HQ and applications for this vacancy of Scientist ‘G’ were sought vide RAC Advt No. 110/December 2012. (Copy enclosed-III)
The Scientist ‘G’ in DRDO is having pay scale of Rs. 37,400-67,000/- & Grade Pay 10,000/-, which is equivalent to rank of Joint Secretary in Indian Administrative Services. Joint Secretary to the Government of India has pay scale in Pay Band – 4:Rs. 37400- 67000; and Grade Pay Rs. 10000.All promotions and appointments to this Joint Secretary rank and post are directly made by the Appointments Committee of the Cabinet (ACC).
The requirement of said vacancy of Scientist ‘G’ was tailor made for Shri Saroj Kumar Patel as evident from details of Advt. No. 110/December 2012.

SN	Criteria	RAC Advt. No. 110/Dec 2012	Bio-data of Shri SK Patel
	Lab./Estt.	DRDO	Already posted at DRDO HQ
	Subject/Discipline	Mechanical Engineering	Mechanical Engineering
	Qualification Essential Desirable	At least first class Bachelor’s Degree in Mechanical Engineering from a recognized University or equivalent.	B.Sc. (Mechanical Engg.)
	Qualification Essential Desirable	ME/M Tech Degree in relevant subject.	M.Tech
	Experience / Specialisation	Experience in the field of Quality, Reliability and Safety management of weapons and Armament Systems with involvementduring development/production/induction and life cycle management. Knowledge of guided weapons is also desirable.	Not Available

This malpractice for recruitment of Shri Saroj Kumar Patel was exposed by some senior Scientist ‘G’ of DRDO by writing complaint to Hon’ble Defence Minister in 2013 and therefore the plan of Shri Avinash Chander failed due to seriously consideration of the matter by Dr. V.K. Saraswat, then DGR&D, DRDO and SA to RM.
Shri Avinash Chander took over as DGR&D, DRDO and SA to RM on 31 May 2013 after superannuation of Dr. V.K. Saraswat. After acquiring full administrative & financial powers in DRDO, Shri Avinash Chander planned the recruitment of Shri Saroj Kumar Patel as Scientist ‘G’ in DRDO and therefore he planned a conspiracy of the illegal & motivated recruitment with help of his subordinates Dr. A.K. Singh, DOP, Smt. Hina Gokhle, Director, DHRD and Dr. DN Reddy, Chairman, RAC and Shri RK Jain, Director, RAC.
Accordingly phase-II of the said conspiracy started by issue of Letter No. DOP/11/110059/QRSM/M/02 dated 14 August 2013 of Directorate of Personnel, DRDO, MOD, New Delhi on the Subject- Appointment of Director, QRS, DRDO HQ, New Delhi. Copy of the letter dated 14 August 2013 along with Proforma for Director, QRS, DRDO HQ, New Delhi is enclosed-IV.
It was clearly mentioned in Para(1) of the letter that “Applications for the post of Director, Quality, Reliability & Safety(QRS) at DRDO HQrs, New Delhi are invited from SC ‘G’ promoted in the year 2013 having sufficient experience in the field of quality, reliability and safety. The Para 1 of letter is arbitrary, discriminatory, unethical and illegal in nature.
No essential qualification, desirable qualification and years of experience were sought and mentioned in said DOP letter for the post of Director, QRS.
Question arises why applications were invited only from the Scientist ‘G’ that were promoted in the year 2013 while in the seniority list of Scientist ‘G’ of DRDO as on 1^st November 2013 there were 507 Scientist ‘G’ in total and out of which 114 were promoted in the year 2013 with effect from 01 July 2013? Copy of the seniority list of Scientist ‘G’ is enclosed-V. Why senior Scientist ‘G’ were not eligible for the post of the Director, QRS and under which rule DOP & DHRD decided that only junior most Scientist ‘G’ are eligible for the said post, while in appointments seniority plays an important role and senior most officers always given priority.
Mere reading of the letter dated 14 August 2013 issued from DOP establishes the conspiracy in recruitment. The letter was issued on 14 August 2013 and it was clearly mentioned in para (2) of the letter, reproduced as it is for ready reference “2. The applications should be duly forwarded/recommended by their respective Directors the enclosed profoma (Annexure-I) and must reach this office latest by 21^st August 2013”. Hence only 6 days were provided to all Scientist ‘G’ of 52 Lab/Estt situated allover India right from Leh to Kochi and Vizag to Tezpur. The Para-2 is the clear violation of DOPT norms because period should be minimum 15 days.
As a matter of fact 15 August was National holiday, 16^th was Friday, 17-18 August (week end holiday), 19-21 August (three working days). Now three questions arises

(i) Why only 04 working days was provided to submit the applications for post of Director, QRS?

(ii) What was the urgency to keep very short time for submitting applications?

(iii) Whether it was possible in any circumstances that ink signed copy of the application duly recommended by respective Director be reach with in two-three days by speed post to New Delhi far from various Lab/Estt. Of DRDO.

Answer to the questions raised in point(14) above is that applications were sought within DRDO simply to make formality and have a record that no Scientist ‘G’ applied for the said post or found eligible for the said post. It is matter of investigation by CVC from records that how many applications were received for post of Director, QRS, whether any list were prepared, whether any interview/interaction were organized, whether any committee scrutinized the proforma of Scientist ‘G’ and whether any Scientist ‘G’ was found suitable for the post of Director, QRS, DRDO Hqrs.
In fact said post were preplanned for Shri Saroj Kumar Patel since the December 2012 therefore any Scientist ‘G’ out of 507 Scientist ‘G’ of DRDO was not selected for the post of Director, QRS, DRDO Hqrs and post remain vacant.
Further to accommodate Shri Saroj Kumar Patel in DRDO an advertisement for post of Scientist ‘G’ were again issued by RAC, DRDO vide Advt. No. 112/October 2013 under direct recruitment scheme of DRDO under direction & guidance of Shri Avinash Chander with vested interest. Copy of the Advt No. 112/October 2013 is enclosed-VI.
Shri Saroj Kumar Patel was recruited as Scientist ‘G’ in DRDO against the 01 vacancy of Scientist ‘G’ vide RAC Advt No. 112/October 2013 and joined DRDO at DRDO HQrs, DRDO Bhawan, New Delhi with effect from 27 March 2014 at seniority no. 486 among Scientist ‘G’ of DRDO.
As a matter of fact Shri Saroj Kumar Patel joined DRDO as Scientist ‘G’ on 27 March 2014(Thursday) and appointed as Director, QRS, DRDO HQrs on 31 March 2014(Monday) so he worked only two days 27-28 March 2014 and jumped to post of Director only in service of 04 days. Shri Avinash Chander appointed Shri Patel as Director; QRS ignoring the 485 senior Scientist ‘G’ already available in DRDO and it establish favoritism & nepotism. It can only happened in DRDO.
Now again four question arises

i. Why Shri Patel was appointed as Director, QRS while he was recruited against vacancy of Scientist ‘G’ not for the post of Director, QRS by ignoring 485 senior Scientist ‘G’ in DRDO?

ii. What is the specialization of Shri Patel which is not available with 507 Scientist ‘G’ of DRDO, can the conspirators able to justify?

iii. Why so much favoritism was given to Shri Patel for his recruitment as Scientist ‘G’ and appointment as Director, QRS since October 2012 to March 2014 by Shri Avinash Chander?

iv. What special benefit DRDO get from Sh Patel’s tailor made appointment?

Keeping in view of the facts mentioned above and the subordination of Smt Tessy Thomas with Shri Avinash Chander right from several years in ASL, Hyderabad, it is crystal clear gross violation of recruitment rules, ethics and procedures took place and the same were not followed in recruitment of Shri Patel as Scientist ‘G’ on 27 March 2014 and further his appointment as Director, QRS on 31 March 2014. This smacks planned conspiracy and criminal misconduct by Shri Avinash Chander, DGR&D, DRDO, Dr. A.K. Singh, Director of Personnel, DRDO Hqrs, Smt Hina Gokhle, Director, DHRD, Dr. RK Jain, Director, RAC and Dr. DN Reddy, Chairman, RAC.
Therefore, it is kindly requested that appointment of Shri Saroj Kumar Patel, Scientist ‘G’ should be cancelled with immediate effect and inquiry be conducted under Prevention of Corruption Act 1988 and CCS (CCA) Rules 1965 against the senior officers of DRDO involved in planned conspiracy of recruitment and appointment of Shri Saroj Kumar Patel as Scientist ‘G’ in DRDO and appointment as Director, QRS, DRDO HQrs.

Regards

Prabhu Dandriyal,
21-Sunderwala, Raipur, Dehradun -248008

0135- 2787750, 9411114879,

prabhudoon@gmail.com www.corruptionindrdo.com