Tag Archives: Shri Avinash Chander

PIL status – Fact Finding Inquiry has already been held and he undertakes to place before this Court the inquiry report.

IN THE HIGH COURT OF DELHI AT New Delhi

+ W.P.(C) 3610/2015 & C.M.No.6436/2015 (directions)

PRABHU DANDRIYAL ….. Petitioner

Through: Mr.R.Sathish, Adv. with Mr.Mohan Das K.K., Adv.

 Versus UNION OF INDIA & ORS…..

Respondents Through: Mr.Sanjay Jain, ASG

with Mr.Anil Soni, Ms.Aastha Jain, Mr.Akash Nagar, Advs. for R-1 to 3.

Mr.R.V.Sinha, Adv. for R-5/CVC. Mr.R.V.Sinha.

with Mrs.Monica Gupta, Adv. for CBI.

CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

ORDER  29.04.2015 C.M.No.7764/2015 (exemptions) Exemptions allowed subject to all just exceptions. W.P.(C) No.3610/2015

The learned ASG appearing for the respondents, on instructions

States that the Fact Finding Inquiry has already been held and he undertakes to place before this Court the inquiry report.

Re-notify on 27.05.2015. CHIEF JUSTICE APRIL 29, 2015/‘anb’ RAJIV SAHAI ENDLAW, J

Dear Friends see the DRDO statement in Delhi Court, the whole country is witness the unprecedented delays in all major projects and same manner DRDO misleading the honorable High Court, Delhi

DRDO is applying same tactics in Delhi High Court by stating that Fact Finding Inquiry has already been held and he undertakes to place before this Court the inquiry report in second appearance and again asked for time.

See the facts

The First Fact Finding Inquiry Committee headed by Dr S S Negi, Sc H, members Shri Manoj Bali , Scientist ‘G’ and Shri Jagdeep, Scientist ‘F’ visited A on 13th – 14th, March 2014 for inquiry on the complaint submitted against Dr. A K Saxena

What submitted by First Fact finding Committee

As per Sh D N Tripathi, Sc F, Addl. Director Administration and Finance, DMSRDE, Kanpur submitted supplementary counter affidavit to Honorable  CAT, Allahabad on 4 June 2014

  1. Fact finding not found any truth for complaint submitted by Sh Navin Praksh Gupta and Prabhu Dandriyal and thus dropped and rejected.
  2. Prabhu Dandriyal was terminated by DRDO (Stated without proof and will pay for that will be filed criminal case against Sh D N Tripathi, Sc F, Addl. Director Administration and Finance, DMSRDE, Kanpur in Dehradun Court)
  3. Photo copy of Fact Finding Report submitted in honorable CAT Allahabad as annexure SCA-3. (It means DRDO having readily available fact finding report the why they wasted precious time of honorable Delhi High Court)

As per Dr A K Singh Letter DOP/DS/008/M/01 dated 28 May 2014to Director, DMSRDE, Kanpur.

Brief facts on the basis of Fact Finding committee – Interestingly fact finding was constituted to find out facts of corruption related allegations within the procurement files.

But Chairman FFIC, Dr S S Negi who is Dr (PhD) on Semiconductor Devices turns Dr on psychology and forgot the procurement related corruption allegation, started the analyses of behavior and life style of Sh R P Bhatt, Sc’F’ and Sh N P Gupta, Sc ‘C’

Committee certified that – Sh R P Bhat, Sc’F’ is a habitual drunkenness, misbehavior, threatening and harassment to others, including the transfer to other lab. The question is it was in the purview of Dr. Negi & team or if it is correct than how Sh R.P Bhatt promoted up to Sc ‘F’, is Dr Negi team gone through the last 5 years APAR of Sh R P Bhatt any negative comment of Dr A K Saxena was there?

Committee suggested that – Necessary action to be initiated against Sh R P Bhat, Sc’F’

Dr. Negi & team can able to stand with their statement in front of High Court, Allahabad?

As Sh R P Bhatt challenged is transfer on the basis of recommendations of Fact Finding Committee

Basically Dr. Negi is very good in scientific work but very poor in administration and management, after assumption of charge as Director, IRDE every day he is facing lot of irregularities of employees and scientists, Union running the local administrations of IRDE, like internal posting /transfer, safety shoe purchase without proper specification, who will go for TD, who will be chair for different investigation enquiries, whom to serve warnings, to whom to give AMC, to whom to give man power supplies, who will sit in security and all sundry things

Second Fact finding Committee

Shri Avinash Chander , DGR&D and SA to RM constituted second four members  FFIC under Chairmanship of Dr. D C Pande, Outstanding Scientist, LRDE, Bangalore  and members Shri Hari babu Srivastva, Director, LASTEC, New Delhi, Shri R S Mehta, Joint Director, Dte of Vigilance& Security, DRDO Hqrs, Shri Jagdeep, Scientist ‘F’,Dte of Materials Management DRDO Hqrs  reached at Kanpur on 9th July early morning 5:00 AM at DMSRDE, Guest House, Kanpur by Rewa Express.

As per sources the second Fact finding Committee asked all procurement related files and found lot of irregularities, but the Sh Avinash Chander and Dr A K Singh both were given assurance to Dr A K Saxena, the reason only know to them or GOD.

The website have all documentary evidences to prove the corruption allegations, it is expected that DRDO have no choice to send all these cases for CBI inquiry and website will submit all those evidences to CBI, which website continuously receiving.

See the DRDO efficiency till date DRDO not take any action on the basis of second fact finding committee reports or neither had they submitted the fact finding report to CVO, MOD.

As Director (Vigilance), MOD has sought Director (Vigilance & Security), DRDO for consolidated report by his letter dated 04 August 2014.

REQUEST FOR CONSTITUTION OF SPECIAL INVESTIGATING TEAM (SIT) FOR INVESTIGATION OF COMPLAINTS OF CORRUPTION AGAINST DR. A.K. SAXENA, DIRECTOR, DMSRDE, KANPUR UNDER DRDO, MIN. OF DEFENCE

To                                                                                                        13th February 2015
Hon’ble
Shri Manohar Parrikar,
Defence Minister,
104- South Block
New Delhi-110011
 
To
Shri R K Mathur
Defence Secretary & Defence R&D
101-A, South Block
New Delhi-110011

SUBJECT : REQUEST FOR CONSTITUTION OF SPECIAL INVESTIGATING  TEAM (SIT) FOR INVESTIGATION OF COMPLAINTS OF CORRUPTION AGAINST DR. A.K. SAXENA, DIRECTOR, DMSRDE, KANPUR UNDER DRDO, MIN. OF DEFENCE.                      

Sir,

I humbly submit your kind attention towards corruption in tunes of crores at Defence Materials & Stores Research & Development Establishment (DMSRDE), Kanpur, an establishment under Defence Research & Development Organisation (DRDO), Ministry of Defence, Government of India.

Dr. Arvind Kumar Saxena was appointed as Scientist ‘C’ on 28.04.1984 in DMSRDE, Kanpur and since then he is continuously posted at DMSRDE, Kanpur from past 30 years. He was never transferred from DMSRDE, Kanpur and since the date of his posting he is working at Kanpur.  The roots of the Dr. Saxena while working at DMSRDE, Kanpur has become so deep that he was involved in various activities involving the financial and administrative irregularities that leads corruption in DMSRDE.

Dr. Arvind Kumar Saxena, Scientist ‘G’ was appointed as Director, DMSRDE, Kanpur wef 01 January 2011. In spite of the fact that he has been involved in various financial and administrative irregularities , Dr. Saxena was  promoted to the rank of Scientist ‘H’ wef 02 August 2012 and since then he is  holding the rank of Scientist ‘H’ and working as Director, DMSRDE.

The right from his appointment as Director, he was involved in various kinds of administrative and financial irregularities that lead corruption in tunes of crores. Several complaints were made against Dr. Arvind Kumar Saxena to then Defence Minister.

I am an RTI activist and social worker running a website corruptionindrdo.com to expose the corruption in DRDO. I also made as far as 12 complaints regarding corruption in procurements of various instruments, equipment and materials in DMSRDE by DMSRDE officials to Central Vigilance Commission, Hon’ble Defence Minister and DGR&D, DRDO. These complaints were filed by me during 29 Nov 2013 to 11 June 2014. Total cost of store items procured against which complaints were filed is about Rs. 7.5 crore. A complete list of complaints filed by me to CVC and Hon’ble Defence Minister is enclosed as Enclosure-1.

All the aforesaid complaints made by me have been endorsed by Central Vigilance Commission (CVC). CVC has taken cognizance of aforesaid complaints and registered on prima facia.  These complaints have been forwarded to Chief Vigilance Office (CVO), Ministry of Defence for further enquiry/investigation of the aforesaid complaints. Under the provisions of RTI Act 2005 the CPIO, CVC vide letter no. CVC/RTI/13/1862/241925 dated 18.03.2014 informed to me that his complaints have been forwarded to CVO (MOD) for investigation. Letter enclosed as Enclosure-2.

Under RTI Act, CPIO, CVO MOD informed that all complaints have been forwarded to Director, Vigilance & Security, DRDO for further inquiry and asked the consolidated report from DRDO vide their letter dated 04 August 2014. Letter enclosed as Enclosure-3.

Meantime, a Fact Finding Inquiry Committee (FFIC) was constituted by Shri Avinash Chander, DG, DRDO under chairmanship of Dr S S Negi to inquire the complaints against Dr. A.K. Saxena. The Fact Finding Inquiry Committee visited DMSRDE, Kanpur on 13th – 14th, March 2014 for inquiry on the complaints submitted against Dr. A.K. Saxena. The said committee submitted its report to Shri Avinash Chander action only GOD knows the truth.

Shri Avinash Chander again set up second Fact Finding Inquiry Committee in which Chairman was equivalent rank to Dr. Saxena   and three junior officers were members of the Fact Finding Inquiry Committee. The second FFIC was constituted under chairmanship of Dr. D.C. Pandey, Scientist ‘H’, LRDE, Bangalore and three members Sri Hari Babu Srivastava, Scientist ‘G’, Sri Jagdeep, Scientist ‘F’ and Sri R.S. Mehta, Joint Director. The said committee visited DMSRDE, Kanpur recently on 9-10 July 2014. Therefore constitution of two FFIC by Shri Avinash Chander establishes that there were complaints against Dr. A.K. Saxena but to give him patronage and support the Shri Avinash Chander set up illegal FFIC. This second FFIC also submitted its report to Shri Avinash Chander but still no action against Dr. A.K Saxena took place by DRDO.

Sir , Shri Avinash Chander was supporting the corrupt practices at DMSRDE, Kanpur. In this connection I again submitted complaints to Hon’ble Prime Minister and Hon’ble Defence Minister in October-November 2014.

Despite since long time all 12 complaints are still pending with Director (Vig.) & CVO (MOD), South Block, New Delhi and no action has been taken so far.

Dr. A.K. Saxena, Director, DMSRDE is going to retire on 31 July 2015 and only five months remain for his superannuation. To give safe passage to safely retire to Dr. A.K. Saxena even after making corruption in tunes of crores is totally against the Government policy of “Zero Tolerance for Corruption”.

Therefore to take speedy action in the corruption cases of DMSRDE registered by CVC and forwarded to CVO (MOD), I kindly request high level Special Investigation Team (SIT) to investigation and speedy action against corrupt officials of DMSRDE, Kanpur.

Regards

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

Annexure:-

  1. List of complaints/cases filed to CVC and Defence Minister against Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur.
  2. Letter CVC/RTI/13/1862/241925 dated 18.03.2014 from CVC.
  3. Letter from CVO(MOD) dated 04 Aug 2014.enclosure1INFORMATION PROVIDED BY CVC ON COMPLAINTS AGAINST ARVIND KUMAR SAXENA, DIRECTOR, DMSRDE, KANPURRTI was filed to CVC on 29 Jan 2014 and ACPIO replied vide letter No. CVC/RTI/13/1862-24017 that “Information has been gathered, a suitable reply will be sent shortly”.Vide letter No. CVC/RTI/13/1862/241925 dated 18.03.2014 CPIO, CVC informed that:
    1. Complaint dated 29.11.2013 was sent for necessary action to CVO, MOD vide OM No. 1323/2014/V9 dated 30.01.2014.
    2. Compliant dated 17.12.2013 was sent for necessary action to CVO, MOD vides OM No. 2056/2014/V9 dated 19.02.2014.
    3. Complaints dated 24.12.2013, 26.12.2013, 22.01.2014 have been received in the Commission and their complaint Nos. are 5022/2014/Vigilance9, 4967/2014/ Vigilance9 & 5387/2014/Vigilance9 respectively. These complaints are under consideration in the Commission.
    4. Complaints dated 28.12.2013, 06.01.2014 & 09.01.2014 have been received and these have been sent to CVO, MOD for necessary action vide Commissions OM No. 30714/2013/Vigilance9 dated 26.12.2013, 3617/2014/Vigilance9 dated 10.03.2014 respectively.
    5. Complaints dated 12 Jan 2014, 06 Feb 2014 & 03 March 2014 are consideration of Commission.
    6. Complaint dated 11 June 2014 has been forwarded to CVO (MOD) for further action.enclosure-2

CVO MOD DMSRDE case Cvo rti reply DMSRDE case2 Cvo rti reply DMSRDE caseRTI reply CVO DMSRDE

PIL- Grounds

GROUNDS

  1. 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 2nd and 3rd 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 9th 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.
  2. 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)
  3. 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).
  4. 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.
  5. 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.
  6. 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)
  7. 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.
  8. 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”.
  9. 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 15th Lok Sabha.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. Because, the appointment is politically motivated, made with non-application of mind hence malicious and liable to be quashed.
  16. Because, more qualified, having more technical contribution credential and young scientist having enough long tenure was in list but they were ignored by ACC.
  17. 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.
  18. 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.
  19. 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.
  20. 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.
  21. 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.
  22. 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.
  23. 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:-

  1. 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.
  2. 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.
  3. 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.
  4. 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

 

IN

 

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

  1. Union of India through the Cabinet Secretary, Government of India, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi-110011.
  2. Secretary, Min. of Personnel, Public Grievances & Pensions, Government of India, North Block , New Delhi-110011.
  3. Secretary, Ministry of Defence, South Block, New Delhi-110011.
  4. 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

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

To                                                                                                         2nd December 2014
Hon’ble Shri Manohar Parrikar,
Defence Minister,
Room No 104, South Block, MoD,
New Delhi-110011

SUBJECT : DRDO CHIEF ON CONTRACT

REFERENCE

  1. 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.
  2. 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.

  1. A contractual retired employee (employee on contract) is now DRDO Chief.
  2. 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?
  3. The Order dated 31 May 2013 was issued by previous Government and this Government has issued orders for retirement of Shri Avinash Chander.
  4. There is no fresh order issued by this Government regarding contract of Shri Avinash Chander as DRDO Chief.

Questions

  1. 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.
  2. How a person on contract will enjoy administrative and financial powers while DRDO is having 30000 employees and Rs. 15283 crore budget?
  3. Will they have to report a contractual employee?
  4. How an employee on contract be Head of Department and Head of Office in DRDO.
  5. Would Ministry of Defence could not find any suitable scientist as DRDO Chief out of 7500 talented scientists in DRDO or from other organisations.
  6. 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
  7. 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.
  8. 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.
  9. 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:

  1. Appointment Letter dated 31 May 2013
  2. Press Release, PIB, MOD dated 28.11.2014sa-appointment-letter

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

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

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

RTI – Cabinet- Shri Avinash Chander’s service extension

To                                                                                                   Date 30th October 2014
Shri Rajesh Nagpal,
Under Secretary, 
Central Public Information Officer,
ACC Cell, Cabinet Secretariat,
Sardar Patel Bhawan,
New Delhi – 110004

 

Hello,

Kindly provide me with the following information requested under the purview of the Right to Information (RTI) Act, 2005 in respect of DOPT OM No.  No. 26012/6/2002-Estt. (A) dated 9th December, 2002, No. 26012/8/2011-Estt. (A) dated 16th May, 2011, 26012/15/2010-Estt(A-IV) dated 4th May 2011 [DPRC] , 26012/15/2010-Estt(A-IV) dated 4th May 2011 [Screening Committee]and F.No.22/35/2011-E0 (SM.II) dated 24/26 September, 2014.

Shri Avinash Chander , Distinguished Scientist ,DRDO , Min. of Defence was given extension beyond after his superannuation from age of 62 -64 years with effect from 01 Dec 2012 to 30 Nov 2014 by approval of DPRC of DRDO, Screening Committee headed by Cabinet Secretary and Appointments Committee of the Cabinet.

Under the provisions of FR 56(d) the scientist considered for extension from age of 62-64 years should have “International Stature“. Copy of DOPT OM dt 16 May 2011 is enclosed.

  1. Provide copy of Minute Sheet & File Noting for extension in service of Shri Avinash Chander, for age of 62-64 years by the Appointments Committee of the Cabinet.
  2. The copy of bio-data of Shri Avinash Chander in prescribed Performa submitted to DPRC, Screening Committee and ACC.(Proforma for sending proposals for approval of Department of Personnel & Training for grant of extension to Government servants beyond the age of superannuation)
  3. The attributes, achievements and documentary evidenceson record of Shri Avinash Chander based on which DPRC, Screening Committee & ACC considered Shri Avinash Chander a Scientist with “International Stature” and approved his extension.
  4. The DPRCs justification for such extension based on merits of the case, the international stature of the person recommended and also indicate whether thiswill block promotion opportunities of others in the Department.
Regards
Prabhu  Dandriyal
21-Sunderwala, Raipur, Dehradun
Ph   0135 2787750, Mobile 9411114879,
e-mail id prabhudoon@gmail.com  website   www.corruptionindrdo.com

Registration Number           CABST/R/2014/60418

RTI-DRDO-PMO

 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.

  1. 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
  2. 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
  3. CORRUPTION IN DMSRDE (DRDO), KANPUR BY DR. ARVIND KUMAR SAXENA, DIRECTOR, dated 11 September 2014
  4. 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
  5. DRDO Corruption – Modus Operandi example prevailing corruption in DRDO labs, dated 11 June 2014
  6. The Appointment Committee of the Cabinet appointed Sh. Avinash Chander on contract basis, dated 27 May 2014
  1. Provide the present status of the complaints.
  2. Action taken by PMO on the complaint.
  3. 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

 

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

To                                                       
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,

  1. 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.

  1. 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/.
  1. 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 31st May. Indian media criticized the misadventures of DRDO corrupt practises especially by top scientists.
  1. 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 25th April 2011. Copy enclose as evidence.
  1. Crowe and Company, LLC, a woman-owned, very small LLC, registered in   SUMMERVILLE, South Carolina in 20th 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.
  1. DRDO designed a high profile drama involved Indian Embassy, Washington, DC US chamber of commerce, FICCI, India to fool the country.
  1. 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.
  1. 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.
  1. 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.
  2. 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
  3. The enclosed documents, photographs, news paper clips are self explanatory of this conspiracy of DRDO.
  4. 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 :

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

DRDO giving false information to Rashtrapati Sachivalaya (President Secretariat) regarding Transfer and victimization of whistle blower Shri Navin Prakash Gupta of DMSRDE, Kanpur

To
Hon’ble
Shri Pranab Mukherjee
President of India,
Rashtrapati Bhavan
New Delhi – 110011

Subject: DRDO giving false information to Rashtrapati Sachivalaya (President Secretariat) regarding Transfer and victimization of whistle blower Shri Navin Prakash Gupta of DMSRDE, Kanpur

Reference:DOP/05/53123/DMSRDE/M/02 dated 22 Sept 2014 of DOP, DRDO

Hon’ble Sir,

Top management of DRDO is infamous for ill-treat to whistle blowers and officials that belonging to SC/ST and minority community in DRDO. The increasing number court cases, representations to President House, SC/ST commission and minority commission are self explanatory of failure of DRDO HR management

Currently Honorable Madras High Court punishedtwo top DRDO scientists with simple imprisonment for a period of three weeks and also pay a fine of Rs.2,000/each. It clearly shows the DRDO losing day by day its credibility and responsibility towards national goals scientifically & administratively as well as welfare of employees and officers working in the organisation. Sir, you can assume the worst situation of DRDO that the top senior officer Dr. G. Malkondiah who was convicted by Hon’ble Madras High Court is Head of HR Department of DRDO.

With reference to the above cited letter , Shri Navin Prakash Gupta, scientist ‘C’ raised his voice against corruption and send lot of complaints to various agencies including Hon’ble Defence Minister with proof.

The representation send to you by whistle blower Shri Navin Prakash Gupta on 24 July 2014 ,  which subsequently your good office send to DRDO for their comments and with above reference  DRDO send a reply to ShriNavin Prakash Gupta mentioning in

Para -2 “ Competent authority has approved your transfer from DMSRDE, Kanpur to DRL, Tezpur in public interest keeping in the view the exigencies of work. It is neither is punishment nor an act of victimize as you alleged.”

Shri Avinash Chander constituted a fact finding committee and subsequentlytransfer whistle blower ShriNavin Prakash Gupta to DRL, Tezpur without justifying the issue in public interest. The only aim was to save corrupt scientist and message to others beware don’t make noise against his loyal corrupt officials. It is nothing but abuse of power by Shri Avinash Chander, DG, DRDO, who is working in illegal second extension in service after retirement.

Shri Avinash Chander again constituted second fact finding committee to enquire further the corruption charges against Dr. A. K. Saxena, Director, DMSRDE, Kanpur.

Question is why Shri Avinash Chander constituted two fact finding committees, if there was no corruption evidences on record. As DRDO wrote in above reference letter that allegation are baseless. In case the allegations were baseless then why not DRDO disclosed the first FFIC report to whistle blower and sought explanation from him for false complaint to Defence Minister.

THE WHISTLE BLOWERS PROTECTION ACT, 2011, NO. 17 OF 2014 of Parliament received the assent of the President on the 9th May, 2014, and is hereby published for general information on Monday, May 12, 2014.

Under the provisions of sad Act complainant means

(c) “complainant” means any person who makes a complaint relating to disclosure under this Act;

(d) “disclosure means a complaint relating to,—

(i) an attempt to commit or commission of an offence under the Prevention of Corruption Act, 1988;

(ii) wilful misuse of power or wilful misuse of discretion by virtue of which demonstrable loss is caused to the Government or demonstrable wrongful gain accrues to the public servant or to any third party;

(iii) attempt to commit or commission of a criminal offence by a public servant, made in writing or by electronic mail or electronic mail message, against the public servant and includes public interest disclosure referred to in sub-section (2) of section 4;

Under the provisions of the CHAPTER V- Safeguards against victimisation the Act provide the protection to whistle blowers

PROTECTION TO THE PERSONS MAKING DISCLOSURE

11. (1) The Central Government shall ensure that no person or a public servant who has made a disclosure under this Act is victimised by initiation of any proceedings or otherwise merely on the ground that such person or a public servant had made a disclosure or rendered assistance in inquiry under this Act.

(2) If any person is being victimised or likely to be victimised on the ground that he had filed a complaint or made disclosure or rendered assistance in inquiry under this Act, he may file an application before the Competent Authority seeking redress in the matter, and such authority shall take such action, as deemed fit and may give suitable directions to the concerned public servant or the public authority, as the case may be, to protect such person from being victimised or avoid his victimisation:

(3) Every direction given under sub-section (2) by the Competent Authority shall be binding upon the public servant or the public authority against whom the allegation of victimisation has been proved.

(4) Notwithstanding anything contained in any other law for the time being in force, the power to give directions under sub-section (2), in relation to a public servant, shall include the power to direct the restoration of the public servant making the disclosure, to the status quo ante.

(5) Any person who wilfully does not comply with the direction of the Competent Authority under sub-section (2), shall be liable to a penalty which may extend up to thirty thousand rupees.

The fact is as vigilant citizen of India I have sent more than one dozen corruption cases with complete proof to CVC and CVC duly register the case and send to CVO, MOD for further investigations against Dr. A.K. Saxena, Director, DMSRDE, Kanpur.

Question No 1

The meaning of the exigencies:The state or quality of requiring much effort or immediate action,  A pressing or urgent situation, Urgent requirements; pressing needs – This all are bogus the DRL, a life science deserted lab, the Director sitting there also very corrupt, lot of complaints also pending against him. This is only example of abuse of power by Shri Avinash Chander to protect his corrupt colleague. The DRL lab , Tezpur is working in life sciences and where the exigencies of work,

Question No 2-

In DRDO there are more than 7500 scientist are available to Shri Avinash Chander and out of these computer science experts scientist, the 425 scientists are senior to Shri Navin Prakash Gupta and 447 are junior to him, strangely Shri Avinash Chander picked only the whistle blower Shri Navin Prakash Gupta for said exigencies of work   at DRL, Tezpur.

Question No 3

The transfer order was as punishment based on allegation & charges and not in any public interest which is quite evident from letter No. DOP/DS/08/01 dated 28th May 2014 issued and signed by Dr. A.K. Singh, DOP.

Therefore, it is requested that please protect whistle blower Shri Navin Prakash Gupta, Scientist ‘C’ from the clutches of corrupt scientists of DRDO and kindly issue orders to Hon’ble Defence Minister to provide immediate protection and relief to whistle blower scientist by cancellation of his transfer order.

The responsibility for execution of Act passed by Parliament after due sanction by Hon’ble President of India is on concerned ministries and ministers. As per this new Act, every ministry should have competent authority to address the matters of victimization of whistle blowers but the requests from whistle blower and his family are being ill-treated by Government officials, ignoring the provisions of whistle blower protection Act 2011.

DRDO is wasting lakhs and lakhs rupees every year in hundreds of court cases running across the country in various courts because of ego satisfaction of top DRDO brass, as well as because of poor HR management victimization of middle class Government servants.

Sir, kindly save this premier organization from the corruption, nepotism and favoritism and give the justice to honest whistle blower scientists and officials of DRDO who are devoted for the Nation.

Regards

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

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

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                                                                                            14th 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

  1. 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.
  2. 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.
  3. 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.
  4. 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)
  5. 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).
  6. 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.)
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
 
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. No essential qualification, desirable qualification and years of experience were sought and mentioned in said DOP letter for the post of Director, QRS.
  6. 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 1st 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.
  7. 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 21st 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.
  8. As a matter of fact 15 August was National holiday, 16th 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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?

  1. 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.
  2. 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

CVC-advice-regarding-Dr-Arun-Kumar. Ex DOP, DRDO
CVC-advice-regarding-Dr-Arun-Kumar. Ex DOP, DRDO

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