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DRDO corruption’s Heights that they even not leave the Knowledge Corner (Library)

1 Comment
To                                                                                                    3rd March 2014
Sh A K Antony.
Defence Minster,
Room -104, South Block,
New Delhi – 110011

Subject: DRDO corruption’s Heights that they even not leave the Knowledge Corner (Library)

Honorable Sir,

To enhance the knowledge of DRDO scientists and make them updated, Ministry of Defence provide library grant generously. Apart from this the pay commission has recommended special assistance for the purchasing of books/journals to individuals scientist.

The library budget of DRDO’s laboratory is a lucrative assignment for corrupt scientists. The scientist library in-charge has direct access to head of establishment.

The case of corruption in library procurement was first exposed at DIAT, Pune, where then In-charge Library Dr A K Tyagi, Sc ‘F’ did financial manipulation in Library. CVC has been found prima facie material against Dr A K Tyagi.  And Regular Disciplinary action was recommended on: 9/9/2013. Consequently DRDO Hqrs finally charge sheeted on 8th October 2013. Charge Sheet signed by Honorable Defence Minister, Sh A K Antony.

The case of Dr A K Tyagi, Sc ‘G’ is not an isolated case but DRDO labs in general have misusing the library grants and if serious enquiry is set up every lab will give foul smell.

The recent example of DMSRDE, Kanpur’s library procurement cases revealed the astonishing facts and figures of library procurement. The RTI helped to expose the corrupt practice prevailing in library procurements.

Enclosed case revealed that the DMSRDE officials are not following the DRDO Purchase Manual -2006. Even after cancellation of Supply Orders on 23 August 2012 the invoices dated 02 May 2012 were accepted while Supply Orders were placed on 27 April 2012. Thereby mischievously & fraudulently the supply of books were accepted in back date to get fatty commission from these vendors. This gross violation of rules & blunder took place even after cancellations of Supply Orders establish conspiracy against Government by Mr.  Jitendra Yadav and Dr. A.K. Saxena.

DRDO has become hub of corruption and honorable defence minister is requested to take a strong action to prevent further damage of moral and ethics.

Regards

Prabhu  Dandriyal,
21-Sunderwala, Raipur,
Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com
 
Enclosed : Copy Complaint to CVC dated 3rd March 2014
 
To                                                                                                                                            3rd March 2014The Central Vigilance CommissionerCentral Vigilance CommissionSatarkta Bhawan, A- Block, GPO Complex, INANew Delhi-110023SUBJECT: CORRUPTION IN PROCUREMENT OF SCIENTIFIC & TECHNICAL BOOKS at DMSRDECOMPLAINT AGAINST Mr. JITENDRA YADAV, SCIENTIST ‘E’, Head, Technical Library and Dr. ARVIND KUMAR SAXENA, DIRECTOR, DMSRDE, KANPURSir,

BRIEF FACTS OF THE COMPLAINT

 

  1. Defence Materials & Stores Research & Development Establishment (DMSRDE), Kanpur is an establishment under Defence Research & Development Organisation (DRDO), Min. of Defence, DRDO Bhawan, New Delhi.
  2. Dr. Arvind Kumar Saxena, Director, DMSRDE, Kanpur and Mr. Jitendra Yadav, Scientist ‘E’ are posted in DMSRDE, Kanpur. Dr. Arvind Kumar Saxena is Director, DMSRDE with effect from 01 January 2011.
  3. Complainant is retired Government servant from DRDO. Presently complainant is working as RTI activist and social worker to expose the Corruption in DRDO and other Government departments. Complainant is running a website corruptionindrdo.com for posting information related to Corruption and Financial irregularities in various establishments under DRDO.
  4. Technical Library, DMSRDE is having annual budget of about Rs. 1.50 crore for procurement of Printed Journals (Periodicals S&T – Rs. 1.10 crore), Online Science Direct e-Journals (Rs. 25 Lakh) and S&T Books (Rs. 15 Lakh).
  5. Mr. Jitendra Yadav, Scientist ‘E’ was appointed as Head, Technical Library in DMSRDE Kanpur vide Daily Order-I No. 29/AD dated 19.02.2012.
  6. An application under RTI Act 2005 was filed to Mr. Sarvesh Kumar, Scientist ‘F’, Central Public Information Officer, DMSRDE, Kanpur by complainant on 25th July 2013 regarding “Procurement of Scientific & Technical Books in Technical Library of DMSRDE”. Copy of the RTI dated 25th July 2013 is enclosed as Annexure-1.
  7. CPIO, DMSRDE, Kanpur replied by letter No. DMS/0369/RTI/101/41/Letter_2013 dated 26th August 2013. Copy of CPIO reply dated 26th   August 2013 is enclosed as Annexure-2. CPIO, DMSRDE provided partial information and it was informed by CPIO that fund expenditure in procurements of S&T Books in Technical Library in DMSRDE in respective years was as follows:

libtable1

8.     Complainant was not satisfied with reply of CPIO and First Appeal dated 07 Sep 2013 was filed to First Appellate Authority, DRDO. By Order No. RTI/02/2091/F/2013/0142 dated 14 Oct 2013, First Appellate Authority DRDO ordered CPIO, DMSRDE to provide full information sought in RTI dated 25th July 2013. Copy of First Appellate Authority Order dated 14 Oct 2013 is enclosed as Annexure-3

9.     CPIO, DMSRDE seek additional fee for information vide his letter dated 30 October 2013. Copy of the letter is enclosed as Annexure-4. Vide letter No. DMS/0369/RTI/FAR/2013/0013 dated 14 Nov 2013, CPIO provided information in 60 pages and in covering letter CPIO informed that No supply Order has been placed in FY 2010-2011 and No tender was called during FY 2010-2011 and 2012-2013. Copy of the letter dated 14 Nov 2013 is enclosed as Annexure-5..

1o.   The figures in information provided by CPIO were found self-contradictory and false as evident from summary of the information provided by CPIO.

libtable211.    On perusal of the documents provided by CPIO, following noticeable information has been found. 

           a.     Seven invoices were found for the financial year 2009-2010 with following details: 
libtable3libtable4libtable5libtable6libtable7libtable8

         b.      Supply Orders were issued by Head, Technical Library in FY 2012-13 for Procurement of Scientific & Technical books with following details:

  1. Terms & Conditions of Supply Order as per DRDO Manual is enclosed as Annexure-13.
  2. libtable9libtable10libtable11
  3. c.       Supply Order-1, Supply Order-2, Supply Order-3 and Supply Order-4 dated 27 April 2012 as mentioned in point(b) above were cancelled after 117 days on 23 August 2012 by Mr. Jitendra Yadav, Head Technical Library due to non-supply of books within delivery period of 90 days. It was mentioned in Para (2) of Terms & Conditions of Supply Order “This supply order shall automatically stand cancelled w.e.f. the next day after the date of delivery mentioned in this order”. Therefore supply orders were automatically stand cancelled after 90 days from issue of Supply Order (27 April 2012) i.e. w.e.f.  27 July 2012. Copies of letters No. TL/0510/WBF-2012 dated 23rd August 2012 issued for cancellation of supply orders to four vendors are enclosed as Annexure-24 to Annexure-27.
  4. d.         Twenty two invoices were found for the financial year 2012-2013 with following details:libtable12libtable13libtable14libtable15
  5. e.  Books were supplied against four supply orders that were cancelled on 23 August 2012. The fake invoices were fabricated from back date but actual supplies of books were made after cancellation of supply order. This smack conspiracy, manipulation and tampering of records for Corruption.
  7. 12.      During the FY 2012-2013 the following irregularities, gross violations of rules, loss of public fund and Corruption took place in procurement of Books.

  8. MAJOR FINANCIAL IRREGULARITIES & BLUNDERS IN PROCUREMENT OF BOOKS BY  MR. JITEDNRA YADAV, SCIENTIST ‘E’ & DR. A.K. SAXENA, DIRECTOR

    1)          DRDO Manual of Procedures for Management of Libraries and TIC 1999 as amended and Purchase Management 2006 as amended are being used in DMSRDE, Kanpur for procurement of books & periodicals. Rule 4.2 of Chapter 4 (ACQUISITION) of Manual is applicable for procurement of Books & Monographs. Copy of relevant rules of chapter 4 are enclosed as Annexure-50.

    2)           As per Rule 4.2.2 of this Manual selection of vendors should be made on the basis of their past services provided to the library, distributorship of publishers and infrastructure available with them. In the years 2009-2010, 2010-2011 & 2011-2012 there was almost no supply of books and only three vendors get supply orders in 2009-2010 and supplied books. Also these vendors offered 30% discount on books (Foreign & Indian).

    3)          In the FY 2009-2010 mode of tendering was limited tender of PM 2006 to get better discount and competition to save public money and this results 30% discount on books.

    4)          In FY 2012-2013 violations of rules and procedures of procurement of books were grossly violated to achieve fatty commission that results financial loss to exchequer. Supply Orders were issued to vendors without keeping in view the past services of the vendors. This results cancellation of all supply orders that took place on 27 April 2012. Hence these vendors should be blacklisted for further procurement of books in Library. But even after non-supply and automatic cancellation of supply orders after expiry of delivery period of 90 days, the supply orders were issued to same vendors on 17 August 2012.

    5)          Supply Orders were placed on single tender and 10% discount to pet vendors of Dr. A.K. Saxena, Director and all vendors were from New Delhi only. Adopting the process of single tender with 10% discount without following previously adopted procedure of limited tender where vendors were offering discount of 35% – 40% on purchase of foreign books, resulted huge loss of public money and commission making by Mr. Jitendra Yadav and Dr. A.K. Saxena.

    6)          Even after cancellation of Supply Orders on 23 August 2012 the invoices dated 02 May 2012 were accepted while Supply Orders were placed on 27 April 2012. Thereby mischievously & fraudulently the supply of books were accepted in back date to get fatty commission from these vendors. This gross violation of rules & blunder took place even after cancellations of Supply Orders establish conspiracy against Government by Mr.  Jitendra Yadav and Dr. A.K. Saxena.

    7)          There was no procedure followed for selection of books. In fact there was no requirement of books from Scientists as no demands were made. There was no procurement of books in past two years and only Rs. 94833.00 was expenditure in purchase of books in FY 2009-2010.

    8)          It is crystal clear that Corruption took place in FY 2012-2013 where all of sudden books of Rs. 1467810.00 has been procured while in previous years it was “NIL” or very less Rs. 94833.00 only in 2009-10. Demand of books which was NIL (Zero) in 2010-11 and 2011-12 has increased all of sudden near about to the Rupees 15 Lakh. As compared to purchase of books in FY 2009-10 the hike in 2012-13 is about 15.5 times. This indicates that books were purchased without any need and requirement just to earn fatty commission.

    9)          DRDO is having very old manual issued on 11 January 1999 regarding Management of Library/TIC of DRDO. This manual is called as “DRDO Manual of Procedures for Management of Libraries & Technical Information Centres“. After issuance of Purchase Manual -2006 of DRDO this old Manual became ineffective & obsolete. Most of the DRDO Labs/Estt. are using Purchase Manual for procurement of books, Print Journal and Online E-Journals. DMSRDE is also using PM-2006 from last six years for procurement of books, Print  Journal and Online E-Journals as can be verified from records of Technical Library of DMSRDE, Kanpur. All of sudden making purchase of books on the basis of old manual smacks malafide intentions and leads corruption in purchase of books in FY 2012-2013. In fact in year 2012-2013 provisions of DRDO Manual of Procedures for Management of Libraries & Technical Information Centres has not been fully followed. Purchase procedures of DRDO Manual are for small & urgent procurement not for big procurements in tune of lakh or crores.

    10)      Fatty Commission in Procurement of books in FY 2012-2013: Books of Rs. 1467810.60 were purchased at discount of 10% only while in year 2009-2010 the discount on books was 30%. Even in FY 2011-2012 the offered discount by vendors were 35% and now days vendors are offering 40% discount on foreign books. Therefore books were purchased at very high prices on very low discount of 10% only with gross violation & spirit of Purchase Procedures to get maximum discount in open competition under limited tender to save public money. Therefore Rs. 440343.00 (30% of 1467810.00) had taken as fatty commission by Mr. Jitendra Yadav and Dr. A.K. Saxena, Director, DMSRDE.

    11)      Fraudulent supply of books with fake invoices: In FY 2012-2013 four vendors   submitted invoices dated 02 May 2012 against the supply orders dated 27 April 2012 while these Supply orders were cancelled on 23 August 2012 by Mr. Jitednra Yadav, Scientist ‘E’ , Head, Technical Library. The supply on 02 May 2012 was impossible as it takes at least 5 days to reach speed post from DMSRDE dispatch section to the respective vendor. The details /entries of invoices shows that these invoices were not diarised at Director Office central registry and directly entertained by Head, Technical Library. Besides the verification records like receiving of invoices & books at Technical Library, envelops of invoices, CRV, payments by ACDA & records at Finance Division will disclose the whole conspiracy made in procurement of books in back date even after cancellation of supply orders.

    12)      Splitting of consolidated demand of books in four parts: Dr. Arvind Kumar Saxena split the consolidated demand of books in four parts and misused his official position & powers so that he can get fatty commission from his pet vendors. The books should be procured in one consolidated demands with proper negotiations with vendors to get maximum discount offered in open market. Four supply orders were issued on 27 April 2012 to four vendors that were not made any supply in past four financial years in DMSRDE. This splitting of books demand leads loss to public fund and Corruption of Rs. 440343.00 by Mr. Jitendra Yadav and Dr. A.K. Saxena, Director, DMSRDE. Sprit of Purchase Rules and CVC Guidelines is that “The proposals shall not be split merely to bring them within the delegated powers”.

    CHARGES ON DR. ARVIND KUMAR SAXENA, DIRECTOR, DMSRDE

    1. Misuse of power & position for personal gain
    2. Splitting of demands of books in four parts to get fatty commission
    3. Planned conspiracy to accept supply even after cancellation of Supply Orders

    CHARGES ON MR. JITENDRA, SCIENTIST ‘E’, HEAD, TECHNICAL LIBRARY

    i.            Planned conspiracy for Corruption in procurement of books in FY 2012-2013 to earn fatty commission from vendors by issuing supply orders on only 10% discount

    ii.            Gross violation of rules in selection of vendors, splitting of demands

    iii.            Acceptance of supply even after cancellation of supply orders with tampering of records in back date

    iv.            Misconduct under Rule 3.(1) (iii) of CCS(Conducts) Rules 1964

    Therefore, in light of the above mentioned facts and evidences, I may kindly request  you to issue order for inquiry and disciplinary action against Mr. Jitendra Yadav, Scientist‘E’ and Dr. Arvind Kumar Saxena, Director, DMSRDE by CVO, Ministry of Defence.

    Regards

    Prabhu  Dandriyal,
    21-Sunderwala, Raipur,
    Phone 0135- 2787750, Mobile- 9411114879,
    e-mail id prabhudoon@gmail.com  website www.corruptionindrdo.com
  9.  

 

 

Drdo

RTI-RAC- Mr. Arun Kumar Singh, Scientist ‘D’, DMSRDE, Kanpur

1 Comment
To,                                                                                                          30th December 2013
Central Public Information Officer
RAC, DRDO, Ministry of Defence
Delhi-110054                     

Hello,

Mr. Arun Kumar Singh, Scientist ‘D’, DMSRDE, Kanpur was directly recruited on post of Scientist ‘C’ from ISRO to DRDO in the year 2004. He was posted in SASE, Chandigarh in 2004 and transferred to DMSRDE Kanpur in 2009. Kindly provide the following information u/s 6(1) of RTI Act 2005.

INFORMATION SOUGHT

  1. Copy of advertisement published in Employment News/Newspapers/Website against which Mr. Arun Kumar Singh was recruited as Scientist ‘C’ in DRDO.
  2. Name of the establishment/lab of DRDO on the request of which RAC created vacancy and advertise the direct post of Scientist ‘C’.
  3. Provide the copy of letter of request sent by Director of that establishment/lab to Director, DHRD/Director, RAC /DOP for recruitment of Scientist ‘C’.
  4. Qualification & experience sought in advertisement against which Mr. Arun Kumar Singh was recruited as Scientist ‘C’ in DRDO.
  5.  Date, venue and list of board member for selection of candidate against that vacancy.
  6. List of candidates those appear in interview/exam for recruitment of Scientist ‘C’ against that vacancy along with their qualifications & experience.
  7. Whether Mr.  Arun Kumar Singh informed to RAC that he was already in service at ISRO and applied through proper channel. (Yes/No)
  8. If answer to point (7) is yes then provide the copy of the declaration submitted by Mr.  Arun Kumar Singh to RAC, DRDO in this respect.
  9. Project/Task against which said vacancy of Scientist ‘C’ was created by RAC.
  10. Whether the experienced Scientist with same qualification and experience as sought in said recruitment were available in DRDO. (Yes/No)

The information sought is pertaining to Establishment matter and as such not exempted u/s 24 of RTI Act 2005.

This is to inform that Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

Besides purchase and establishment matter the information sought is pertaining to allegations of Corruption and as such not exempted u/s 24 of RTI Act 2005.

 

Regards

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

Registration Number  – MODEF/R/2013/61200

Drdo, Uncategorized

First Appeal – Private Cars Using Commercial Purpose – DMSRDE

2 Comments

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

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

Subject: First Appeal under Section 19(1) of RTI Act 2005

Reference:  Letter No. DMS/0369/RTI/R/2013/0029 dated 14 Nov 2013 issued by CPIO, DMSRDE, Kanpur

Sir,

I am distressed by above referred decision of Central Public Information Officer, DMSRDE, Kanpur. I hereby submit this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.

1.       Details of appellant:-

Name           Prabhu Dayal Dandriyal
Address       21-Sunderwala, Raipur
Dehradun-248008, Uttarakhand                    

2.       Details of Central Public Information Officer (CPIO):-

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

3. Particulars of Decision/Order of CPIO against which appeal:-

Decision vide letter No. DMS/0369/RTI/R/2013/0029 dated 14th  Nov 2013 received by appellant on 24 November 2013. Copy enclosed as Enclosure -1.

4. Facts & Grounds leading to appeal:

(a)  An application under Section 6(1) of RTI Act 2005 dated 23rd October 2013 was submitted to CPIO, DMSRDE, Kanpur for providing information regarding “Private cars with registration No. UP78 BS 1144 and UP78 CP 6510 using DMSRDE for commercial purpose”. Copy of the RTI Application dated 23rd October 2013 is enclosed as Enclosure-2.

(b)  Central Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/R/2013/0029 dated 14th November 2013 although it was clearly mentioned in RTI application that required information is directly related to the allegations of Corruption and not come under Schedule-II. However CPIO replied in the highly irresponsible manner which indicates the mismanagement and Corruption in DMSRDE.

(c)  It was clearly mentioned in RTI application dated 23rd October 2013 that “Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure. For examples decision pronounced in F. No. CIC/LS/A/2010/000107 dated 26.4.2010 and in F. No.CIC/SM/C/2008/ 00054/LS dated 29.01.2010”.

(d)  In point d (1) of reply dated 14 Nov 2013, CPIO provided false argument. As per Purchase Management 2006 it is the responsibility of Director, DMSRDE to hire the transport services from that vendor, the vehicles of which are registered under Taxi at RTO. How can RTO know that a private car vehicle is being used for transport services at DMSRDE?

(e)  In point d (2) of reply dated 14 Nov 2013, CPIO gave false argument for not providing the information sought. Committee under Chairmanship of Dr. Ashok Ranjan, Scientist ‘F’ and four other members for identification of vendors did not perform their responsibilities properly. As per findings of the Committee 15 vendors were identified for hired transport services and out of which 10 vendors were qualified as per guidelines framed by the Committee. General terms and conditions were also framed on 18 points by Committee as Annexure II of proposal provided to vendors for seeking quotations for hired transport services. In point no. 8 of General terms & conditions framed by the Committee it was clearly mentioned that “The lowest quotation will be accepted. In case of more than one lowest quotation, the firm whose cars/vehicles registered at RTO for taxi will be preferred”. This indicates that it was responsibilities of DMSRDE to check the registration of taxies whether these were registered as taxies at RTO.

(f)   The arguments at point d (3) is again to put the responsibilities and accountability to minimize corruption in hiring of transport services , on the soldiers of local audit and test audit teams. In case both local & test audit teams were obliged by Director, DMSRDE   on cash & kind then how can they raise the objections on irregularities and corruptions in contract of hired transport. It is well known fact that hired vehicles are being provided to local audit personnel (ACDA officials) on 24×7 and one DMSRDE official is also posted at ACDA office to assist ACDA. These illegal obligations putted on ACDA by Director, DMSRDE establish Corruption in the whole process of contract of hired transport.

(g)  Contract given to M/s Super India Travels, Kanpur has been expired in July 2012 as contract was for only for one year and still now new contract has not been provided to any other vendor by the fresh tendering process as per Purchase Management 2006. One & half year extension to the same vendor smacks vested interest and leads Corruption.

(h) The vendor is not claiming service tax from DMSRDE; the vendor is not having service tax registration and not depositing service tax to Custom & Excise Department, Govt. of India. The issue of service tax registration is clearly mentioned in General terms and conditions framed by the committee so constituted by Director, DMSRDE. In point no. 17 of General terms & conditions framed by the committee it was clearly mentioned that “The rates quoted should be excluding the service tax. The service tax will be paid additionally only after receiving the proof of the service tax registration. No service tax will be paid if the operator fails to provide proof of valid service tax registration”.

(i)   Facts mentioned at above establish irregularities in giving contracts to M/s Super India Travels, Kanpur and further illegal extension since one and half year indicates Corruption at DMSRDE, Kanpur in the whole process.

5.       Prayer /relief sought for:-

Information sought vides RTI Application dated 23 October 2013 by appellant has been denied on false and invalid reasons by CPIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to CPIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 23rd  October 2013.

6.       Declaration:-

I hereby state that the information and particulars given above are true to the best of my knowledge and belief.

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

 Enclosure: Two

(1)      Letter from CPIO, DMSRDE dated 14th  November 2013

(2)      RTI Application dated 23 October 2013

 
 RTI Application dated 23 October 2013
 
To,
Shri Sarvesh Kumar,
Central Public Information Officer,
DMSRDE, GT Road,
Kanpur-208013             

Subject: Application under Right to Information Act 2005

Hello,

Kindly refer to following decisions of Central Information Commission and verdict given thereof in these decisions.

  1. File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla vs. DRDO)Verdict – “It is, no doubt, true that DRDO is an exempted organisation; yet it has been the consistent view of this Commission that the benefit of exemption extends only to functional / operational matters and not to establishment related routine matters. The legality of this view has not been challenged in the relevant judicial forum so far”.
  2. CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
  3. CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
  4. CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)

CIC in its above mentioned decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

In light of the above decisions of CIC, Kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. Total No.  of transport/vehicles available in MT Division DMSRDE.
  2. Provide following information in respect of all vehicles available in DMSRDE.
  1. Type of vehicle, Brand name, Manufacturer
  2. Date of Purchase, purchase cost and source of fund(Build up/Project etc)
  3. Present depreciated cost as on 31.10.2013
  4. Average distance run /traveled by each vehicle in the year 2012-2013 separately for
  5. each vehicle.
  6. Total expenditure on maintenance of each vehicle separately in the year 2011-2012 and 2012-2013.

3.      How many CMTD /MTD are posted in MT Division?
4.      Mode of tendering for selection of vendors for hired vehicles (Local Board/Single                  Tender/Limited Tender/Open Tender/Repeat Order) for the following years.

  1. 2010-2011
  2. 2011-2012
  3. 2012-2013
  4. 2013-2014

5.     Total budget of MT Division years 2010-2011, 2011-2012 and 2012-13.
6.     Total expenditure and payment made for hired vehicles/transport for the years 2010-2011, 2011-2012 and 2012-13 along with name of vendor to whom the payment made.
7.      Provide expenditure incurred on various heads for the years 2010-2011, 2011-2012 and 2012-13.
8.      Provide information about vendor/firm which got contract for hired vehicles and amount paid to these vendors in following format

9.      Amount of Service Tax that has been paid by DMSRDE to Vendor as reflected in bills submitted by vendor for depositing in Custom, Excise & Service Tax Department in

following format

  1. Provide copies of CST (Comparative Statement) after opening of quotations duly approved by competent authority for the years 2011-2012, 2012-2013 and 2013-2014 for giving contract to vendors for hired vehicles services in DMSRDE.
  2. Provide copy of supply order placed for hiring private vehicles/transport for the FY   2011-2012, 2012-2013 and 2013-2014 in DMSRDE.
  3. Copy of contract with terms & condition and rate (usage charges) for the year 2012-2013 and 2013-2014.
  4. Whether any extension of contract for hired vehicle has been given to any vendor for during the years 2012-2013 and 2013-2014. (Yes/No)
  5. If answer to point (13) is yes then provide copy of rules under PM 2006 by which extension for contract of hired vehicle services (Repeat Order) could be given to vendor without going in fresh bidding.
  6. Details about maintenance of vehicles/transport available in DMSRDE for each vehicle/transport in following format
  1.  Status of vehicle (operational/Non operational) available in DMSRDE when services of hired vehicles were utilized.
  2. Whether hired vehicles provided by vendor Super India Travels, Rama Devi, Kanpur with following registration number are registered at RTO, Kanpur under category of Taxi for commercial purposes. Registration & Details of vehicles are

(a)   UP78 BS 1144 ( Indica Car White Color with white number plate)

(b)   UP78 CP 6510 (Indigo CS White Car with white number plate)

  1. If answer to point (17) is Yes then provide copy of registration certificate issued by RTO Kanpur for said vehicles under Taxi for Commercial purpose.
  2. If answer to point (17) is No then provide the grounds on which vendor not having proper registration under Taxi from RTO, Kanpur was allowed to provide services in DMSDRE.
  3. The details of Vendor Registration Committee at DMSRDE with name & designation of Chairman and members.

The color of the number plates used in cars with registration No. UP78 BS 1144 and UP78 CP 6510 provided by vendor for hired services are not Yellow. The color of these no. plates are White. It establishes that cars used for hired transport in DMSRDE are not registered under TAXI FOR COMMERCIAL PURPOSE. Also the said vendor is not registered at Custom & Excise Department under Service Tax category and not depositing any Service Tax for hired vehicles services at DMSRDE.

Therefore the Information Sought is pertaining to Allegations of Corruption and as such not exempted u/s 24 of the RTI Act 2005.

The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act.

An IPO of Rs. 10/- as application fee (IPO No. 17F 549289) is annexed as Annexure-1.

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

Annexure:-

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

RTI- SASE – DRDO

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To,
Central Public Information Officer
Snow & Avalanche Study Establishment (SASE),DRDO, Min of Def
Him Parisar, Sec 37-A
Chandigarh-160036                               

Hello,

Mr. Arun Kumar Singh, Scientist ‘C’ was posted to SASE, Chandigarh from the August 2004-Feb 2009. He was directly recruited at the post of Scientist ‘C’ in DRDO and posted at SASE, Chandigarh. Kindly provide the following information u/s 6(1) of RTI Act 2005.

INFORMATION SOUGHT

  1. Provide the following information in respect of procurement cases indented by Mr. Arun Kumar Singh, Scientist ‘C’ at SASE during the period 2004-2009.
  2. Whether CAD Centre/Facility exists in SASE, Chandigarh. (Yes/No)
  3. If answer to point (2) is yes then provide the following information.
  1. Copies of all demands in form DRDO.MM.06 indented.
  2. Copies of Supply Orders issued by Director, SASE for all demands indented by Mr. Arun Kumar Singh, Scientist ‘C’.
  3. Copies of RIN/Installation report for all items indented.
  1. Year of creation of CAD Centre/Facility.
  2. Total expenditure incurred upon creation of CAD Centre/Facility.
  3. Expenditure incurred towards civil work for creation of CAD Facility.
  4. Name of agency (MES/CCE (R&D)/Director SASE) that executed the civil works in creation of CAD Centre.
  5. Officer who indented the cases of civil work for creation of CAD facility.
  6. Details of Software, Workstations/Computers, Plotter, Printers etc equipment purchased in CAD Facility with item nomenclature and cost.

The information related to purchase, supply orders, bills etc. has already been allowed by FAA, DRDO vide his decision No. RTI/02/2091/F/2013/0142 dated 14 October 2013.

This is to inform that Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

Besides purchase and establishment matter the information sought is pertaining to allegations of Corruption and as such not exempted u/s 24 of RTI Act 2005.

Regards

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

Registration Number MODEF/R/2013/61143

Drdo

RTI – TBRL

1 Comment
To,
Central Public Information Officer
Terminal Ballistics Research Laboratory (TBRL), DRDO
Min of Defence
Sector 30
Chandigarh – 160003

Hello,

Kindly refer to following decisions of Central Information Commission and verdict given thereof in these decisions.

  1. File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla vs. DRDO) Verdict – “It is, no doubt, true that DRDO is an exempted organisation; yet it has been the consistent view of this Commission that the benefit of exemption extends only to functional / operational matters and not to establishment related routine matters. The legality of this view has not been challenged in the relevant judicial forum so far”.
  2. CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO), CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO) and CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)

In its various decisions CIC consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

In light of the above decisions of CIC, Kindly provide the following information under Section 6(1) of RTI Act 2005. 

INFORMATION SOUGHT

  1. Whether Mr. Suresh Chand, Chief Admin Officer (CAO) was an employee of TBRL, Chandigarh. (Yes/No)
  2. If answer to point (1) is yes then provide the following information.

      i.            The date on which Mr. Suresh Chand was retired from TBRL.

    ii.            Whether a lady other than his wife claimed on his retirement pensionery benefits on the day of  his retirement.(Yes/No)

  iii.            Whether pension of Mr. Suresh Chand was withhold.(Yes/No)

  iv.            If answer to point (iii) is yes then provide the reasons for withholding of his pension.

    v.            Was the case of withholding of his pension and reasons thereof was referred to DRDO HQ/Vigilance for inquiry?(Yes/No)

  vi.            If answer to point (v) is yes then what is the status of his pension and retirement benefits?

vii.             Whether his pension & retirement benefits has been restored partially after inquiry/ non enquiry. (Yes/No)

viii             Whether Director, TBRL refer the case of Mr. Suresh Chand to CVC besides DGR&D, DRDO for information under new  Transparency Law of Govt of India.(Yes/No)

3.              Please refer to Rule 21 of The Central Civil Services (Conduct) Rules, 1964: RESTRICTION REGARDING MARRIAGE and GOI MHA OM No. 219/51-Ests. Dated 16.02.1955: Procedure for dealing with requests from Government servants for permission to remarry while first wife is still living, provide following information.
 i.            Whether TBRL/DRDO received any request from Mr. Suresh Chand, CAO regarding permission to remarry while first wife is still living. (Yes/No)

ii.             If answer to point (i) above is yes then due procedure as per Rule 21 has been followed by Competent Authority in the matter. (Yes/No)

The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act.                                                                        

Regards,

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

Registration Number – MODEF/R/2013/61087

Drdo

RTI- DMSRDE – M/s Manglam Traders, Kanpur

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

                    Subject: Application under Right to Information Act 2005

Sir,

Kindly provide the following information u/s 6(1) of RTI Act 2005.

INFORMATION SOUGHT

  1. Provide the following information in respect of Tender Reference No. DMSRDE/13552064 published on website of DRDO.(Copy Enclosed)
    1. Comparative Statement of Tender duly approved by SPC and Director.
    2. Name of vendor/firm/trader (L1) to which Supply Order was issued.
    3. Provide copy of supply order issued against this tender enquiry.

    Cost of the material purchased against supply order under above mentioned tender reference

  2. Provide following information in respect of business carried out by M/s Manglam Traders, Kanpur in DMSRDE, Kanpur.
    1. Registration Certificate issued to M/s Manglam Traders, Kanpur by DMSRDE, Kanpur.
    2. As per provisions of Rule 3.2 of Purchase Management 2006 of DRDO in which  categories of stores, e.g., raw materials, chemicals, machine tools, instruments, electronics and electrical items, timber, fabrication jobs and other general stores etc., the M/s Manglam Traders, Kanpur is registered in DMSRDE, Kanpur.
    3. Total cost of supply orders placed in the year 2009 and 2010.
    4. Total cost of supply orders placed from 1st January 2011 to 31st October 2013.
    5. Copies of supply orders placed to Manglam Traders from 01.01.2011 to 31.10.2013.
    6. Number of repeat order placed to Manglam Traders and copies of  supply orders issued for repeat order
  3. Provide the copy of supply order placed against DMSRDE Case No. 13PDD014 dated 25.04.2012 initiated by Production Division.
  4. Provide amount in Kg of Polydimethylsilane(PDMS) purchased in the period.
    1. 01.01.2009 to 31.12.2010
    2. 01.01.2011 to 31.10.2013
    3. Likely to be purchased(Supply Order placed)
  5. Copies of bills submitted by M/s Manglam Traders to DMSRDE, Kanpur against supply orders and repeat orders placed to M/s Manglam Traders, Kanpur.

The information related to purchase, supply orders, bills etc. has already been allowed by FAA, DRDO vide his decision No. RTI/02/2091/F/2013/0142 dated 14 October 2013 in First Appeal No. 142 on First Appeal of applicant.

This is to inform that Central Information Commission in its various decisions consistently held that establishment matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

Besides purchase and establishment matter the information sought is pertaining to allegations of Corruption and as such not exempted u/s 24 of RTI Act 2005.

An IPO of Rs. 10/- as application fee (IPO No. 17F548630 ) is enclosed as Annexure-1.

Date: 10 November, 2013                                                

(Prabhu Dayal Dandriyal)
 21-Sunderwala, Raipur
 Dehradun-248008
Uttarakhand                     

Annexure:-

  1. 1.    IPO of Rs. 10/- , with IPO No. 17F548630 as application Fee.                
Drdo

Private cars with registration No. UP78 BS 1144 and UP78 CP 6510 using DMSRDE for commercial purpose

3 Comments
To,
Shri Sarvesh Kumar
Central Public Information Officer
DMSRDE, GT Road
Kanpur-208013             

Subject: Application under Right to Information Act 2005

Hello,

Kindly refer to following decisions of Central Information Commission and verdict given thereof in these decisions.

  1. File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla vs. DRDO) Verdict – “It is, no doubt, true that DRDO is an exempted organisation; yet it has been the consistent view of this Commission that the benefit of exemption extends only to functional / operational matters and not to establishment related routine matters. The legality of this view has not been challenged in the relevant judicial forum so far”.
  2. CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
  3. CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
  4. CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)

CIC in its above mentioned decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

In light of the above decisions of CIC, Kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. Total No.  of transport/vehicles available in MT Division DMSRDE.
  2. Provide following information in respect of all vehicles available in DMSRDE.
  • Type of vehicle, Brand name, Manufacturer
  • Date of Purchase, purchase cost and source of fund(Build up/Project etc)
  • Present depreciated cost as on 31.10.2013
  • Average distance run /traveled by each vehicle in the year 2012-2013 separately for
  • each vehicle.
  • Total expenditure on maintenance of each vehicle separately in the year 2011-2012 and 2012-2013.

3.      How many CMTD /MTD are posted in MT Division?
4.      Mode of tendering for selection of vendors for hired vehicles (Local Board/Single            Tender/Limited Tender/Open Tender/Repeat Order) for the following years.

  • 2010-2011
  • 2011-2012
  • 2012-2013
  • 2013-2014

5.     Total budget of MT Division years 2010-2011, 2011-2012 and 2012-13.
6.     Total expenditure and payment made for hired vehicles/transport for the years 2010-2011, 2011-2012 and 2012-13 along with name of vendor to whom the payment made.
7.      Provide expenditure incurred on various heads for the years 2010-2011, 2011-2012 and 2012-13.
8.      Provide information about vendor/firm which got contract for hired vehicles and amount paid to these vendors  in following formatrtimtpost1

 9.      Amount of Service Tax  that has been paid by DMSRDE to Vendor as reflected in bills submitted by vendor for depositing in Custom, Excise & Service Tax Department in following formatrtimtpost2

  1. Provide copies of CST (Comparative Statement) after opening of quotations duly approved by competent authority for the years 2011-2012, 2012-2013 and 2013-2014 for giving contract to vendors for hired vehicles services in DMSRDE.
  2. Provide copy of supply order placed for hiring private vehicles/transport for the FY 2011-2012, 2012-2013 and 2013-2014 in DMSRDE.
  3. Copy of contract with terms & condition and rate (usage charges) for the year 2012-2013 and 2013-2014.
  4. Whether any extension of contract for hired vehicle has been given to any vendor for during the years 2012-2013 and 2013-2014. (Yes/No)
  5. If answer to point (13) is yes then provide copy of rules under PM 2006 by which extension for contract of hired vehicle services (Repeat Order) could be given to vendor without going in fresh bidding.
  6. Details about maintenance of vehicles/transport available in DMSRDE for each vehicle/transport in following formatrtimtpost3
  1.  Status of vehicle (operational/Non operational) available in DMSRDE when services of hired vehicles were utilized.
  2. Whether hired vehicles provided by vendor Super India Travels, Rama Devi, Kanpur with following registration number are registered at RTO, Kanpur under category of Taxi for commercial purposes. Registration & Details of vehicles are

(a)   UP78 BS 1144 ( Indica Car White Color with white number plate)

(b)   UP78 CP 6510 (Indigo CS White Car with white number plate)

  1. If answer to point (17) is Yes then provide copy of registration certificate issued by RTO Kanpur for said vehicles under Taxi for Commercial purpose.
  2. If answer to point (17) is No then provide the grounds on which vendor not having proper registration under Taxi from RTO, Kanpur was allowed to provide services in DMSDRE.
  3. The details of Vendor Registration Committee at DMSRDE with name & designation of Chairman and members.

The color of the number plates used in cars with registration No. UP78 BS 1144 and UP78 CP 6510 provided by vendor for hired services are not Yellow. The color of these no. plates are White. It establishes that cars used for hired transport in DMSRDE are not registered under TAXI FOR COMMERCIAL PURPOSE. Also the said vendor is not registered at Custom & Excise Department under Service Tax category and not depositing any Service Tax for hired vehicles services at DMSRDE.

Therefore the Information Sought is pertaining to Allegations of Corruption and as such not exempted u/s 24 of the RTI Act 2005.

The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act.

An IPO of Rs. 10/- as application fee (IPO No. 17F 549289) is annexed as Annexure-1.

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

Annexure:-

  1. IPO of Rs. 10/- , with IPO No.   17F 549289   as application Fee.
Drdo

RTI-DMSRDE-STAFF CAR

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To,
Central Public Information Officer
DMSRDE,
GT Road
Kanpur-208013                     

Subject: Application/Request under Right to Information Act 2005

Sir,

Kindly refer to following decisions of Central Information Commission and verdict given in these decisions.

i.    File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla vs. DRDO) Verdict – “It is, no doubt, true that DRDO is an exempted organisation; yet it has been the consistent view of this Commission that the benefit of exemption extends only to functional / operational matters and not to establishment related routine matters. The legality of this view has not been challenged in the relevant judicial forum so far”.

ii.   CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO) 
iii.   CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
iv    CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)

CIC in its above mentioned  decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.

In light of the above decisions of CIC, Kindly provide the following information under RTI Act 2005.

INFORMATION SOUGHT

  1. The date from which Dr. AK Saxena, Director, DMSRDE was availing staff car facility for commuting between office and residence.
  2. Copy of the letter by which Dr. AK Saxena , Director, DMSRDE requested to his superior authority/controlling authority to withdraw the staff car.
  3. The date from which staff car facility was withdrawn from Dr. AK Saxena, Director, DMSRDE.
  4. The date from which Dr. AK Saxena, Director, DMSRDE availing Transport Allowance.
  5. Amount of Transport Allowance provided to him after withdrawal of Staff Car.
  6. How many staff car existing in DMSRDE?
  7. Whether staff car facility was offered to other senior officer at No. 2 or No. 3 in rank for commuting between office and residence after withdrawal of staff car facility from Dr. AK Saxena. (Yes/No)
  8. If answer to point (7) is yes then provide the copy of the offer letter as mentioned above and letter of acceptance/denial by such senior most officers.
  9. Details/List of Scientists/Tech. Officers/CMTD/MTD/Other employees & staff below the rank of Scientist ‘D’ to whom Telephone Reimbursement has been sanctioned/allowed by Director, DMSRDE for prepaid mobile/Landline with Broadband/Postpaid with Internet facility. Provide details for each official with following information.
  • Name of the Scientist/officer/official with rank
  • Amount of telephone Reimbursement
  • Justification

10.    Provide the total number of Scientist/Tech. Officer/Other officer & employees           below the rank of Scientist ‘D’ who are availing Telephone Reimbursement.

11.     Copy of the Minute Sheet/SOC approved by Director, DMSRDE by which Officer & employees posted at Motor Transport Division was allowed for Telephone Reimbursement.

13.   Copy of the rule under which Telephone Reimbursement for Scientist C’, Scientist ‘B’, Tech. Officers, CMTD, MTD, Admin. Asst. & other employees & staff of DMSRDE have been allowed in DMSRDE, Kanpur.

The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act.

This is also for your kind information that the information sought is pertaining to allegations of Corruption and as such not the personal information under RTI Act.

Please Find Enclosed – Postal Order No 17 F 549291

Date: 16th  October , 2013

 (Santosh Joshi)
2-Shanti Vihar
Behind mahindra showroom
Haridwar bypass 
Dehradun – 248001
Drdo

First Appeal -DMSRDE – Immovable Property Return (IPR) of Officials

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

To,
 Shri Suranjan Pal, OS & Director DECS
 First Appellate Authority , DRDO
 RTI Cell , Room No. 240/B, DRDO Bhawan,
 Rajaji Marg, New Delhi-110011 

Subject: First Appeal under Section 19(1) of RTI Act 2005

Reference: Letter No. DMS/0369/RTI/101/50/Letter_2013 dated 09 September 2013 issued by PIO, DMSRDE, Kanpur

Sir,

I am distressed by above referred decision of Public Information Officer, DMSRDE , Kanpur. I hereby submit  this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.

1.     Details of appellant:-

Name
Rajiv Chauhan
Address
1053/3, Shastri Nagar
Meerut(U.P.)- 250005

2.     Details of Public Information Officer (PIO):-

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

 3. Particulars of Decision/Order of PIO against which appeal:-

Decision vide letter No. DMS