On March 30 2012 DR. JANARDHAN WAGHMARE asked Minister of CHEMICALS AND FERTILIZERS whether serious allegations of corruption has been made on the website Blog “Biped against Corruption” on the financial and management lapses at National Institute of Pharmaceutical Education and Research (NIPER), Mohali and what action Govt. taken about it. Purebred by the issue, four members of BOG called a requisitioned meeting under the clause 3.1.3 (b) on 28th May, citing the Rajya Sabha question No 1912 and mentioning breakdown of system and procedure at NIPER Mohali. 25 plus specific questions of BOG members related to Financial and Administrative lapses of officiating director K. K. Bhutani were submitted to the Chairman BOG well in advance.However instead of answering the question officiating director K. K. Bhutani submitted six pages of emotional fib. The only defense he could put up "three tented faculty members defaming NIPER globally.
Part I
To,
Chairman BOG,
NIPER
29 June 2012
Dear Dr. Katoch,
I am in receipt of your letter no. Secy(DHR)/BoG/NIPER/2012
dated 21.06.2012 informing the postponement of the Requisition Meeting under
para 3.1.3(b) of the NIPER Statute requested on 28th May 2012. I
can understand that due to pre-occupation, the Requisition Meeting is scheduled
to be postponed and the new date fixed is 21st July, 2012.
The essence of requisition is not
fulfilled as per the Act in case of delay and the purpose of extra ordinary
meeting is lost. In continuation of my earlier letter dated 17.05.2012. I
further emphasize that both writer of the blog should be called in the meeting
to present and authenticate the articles published in the blog. Moreover both
writer of the blog and responsible persons of Niper administration should be
asked to make/reply to charges backed by affidavit along with pre- resignation
letters, if any statement is found false, so that the exercise of the BOG
becomes an authentic document for
the disposal by the Board maintaining neutrality and objectivity.
Please ensure that the background
papers, along with certified supporting documents by NIPER Administration are
made available to the BOG Members at least seven days in advance before the
schedule of Meeting on 21st July, 2012.
GUIDING
FACTORS:
Financial
Allegations:–
1. Section 8(g) & 8(h) Powers of the Board:
Consider
and pass resolutions on the annual report, the annual accounts and the
budget estimates of the Institute for the next financial year as it thinks fit
together with a statement of its development plans; and
(h)
do all such thing as may be necessary, incidental or conducive to the
attainment of all or any of the aforesaid powers.
2. 23(3) The Comptroller & Auditor General
of India and any person appointed by him in connection with the audit of the
accounts of the Institute shall have the same rights, privileges and authority
in connection with such audit as the Comptroller & Auditor General of India
has in connection with the audit of the Government accounts, and, in
particular, shall have the right to demand the production of books, accounts,
connected vouchers and other documents and papers and to inspect the offices of
the Institute.
3. Suggested to be examined under GFR
2005 (Niper should provide
copy/book for GFR 2005 to each Member of the BOG):-
Rule
26. Responsibility of Controlling Officer in respect of Budget
allocation: The duties and responsibilities of a controlling officer in
respect of funds placed at his disposal are to ensure:
(i) that the expenditure does not exceed the budget allocation.
(ii) that the expenditure is incurred for the purpose for which funds have been
provided.
(iii) that the expenditure is incurred in public interest
(iv) that adequate control mechanism is functioning in his department for
prevention, detection of errors and irregularities in the financial proceedings
of his subordinate offices and to guard against waste and loss of public money,
and
(v) that mechanism
or checks contemplated at (iv) above are effectively applied.
Schemes/Programme-wise
budget formulation and implementation are guided by Chapter-3 of the aforesaid
GFR, wherein following Rules deal with specific subjects.
Rule 46 & 47 deal
with allocation of fund.
Rule 52 & 64
deals with control of expenditure and avoiding
misappropriation/mis-utilization of
allocated funds.
Rule 59 deals with re-appropriation of allocated funds from one scheme
to other.
Sl No
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Allegation / Anomalies/
Irregularities presented in the blog “A Biped Against Corruption”
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Date of Publication in blog
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Rebuttal of NIPER to be sought
on the allegations, point-wise with supporting documents/file as
under to be provided to BOG members, countering the allegation
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1
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Corruption
@NIPER Case One
Misappropriation
of 11th Five Year Plan money allotted to NIPER, Mohali,
pertaining to project on Intellectual Property Rights (Scheme N17), Project
Outlay Rs.2.25 crores and project on new specialization in R&D Management
(Scheme N14), Project Outlay Rs.1.60 crores.
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WEDNESDAY,
21 SEPTEMBER 2011
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1. Ministry
approved project proposal with objective and deliverables for each project.
2. Year wise
money received from ministry for each project.
3. Proof
of achieved objective deliverable for each project
4. Completion
certificate from Principle investigator for each project.
5. CBI Report
send to MINISTRY CVO as alleged in the blog.
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2
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Corruption
@NIPER Case Two
Diversion
of 11th five-year plan money. Document obtained by RTI
provides evidence.
Evidence:
1.
RTI Response from ministry
2.
Agenda Item of finance committee meeting’ held on 25thMarch, 2011
3.
Inter office note and COMPASS printout
Diversion
of 11th five-year plan money in 2010-10. What happened to 89
lakhs?
In the financial year 2010-11 Department of Pharmaceutical released Plan
money of Five year plan as per NIPER demand Rs. 10,58,00,000 ( Rs.
8,03,00,000 + Rs. 2,55,00,000) as per the annexure attached.
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THURSDAY,
22 SEPTEMBER 2011
&
MONDAY,
12 DECEMBER 2011
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1. Ministry
approved project proposal with objective and deliverables for each project.
2. Latter No
50012/4/2010/NIPER dated 28/6/2010 with annexure.
3. Agenda
for 23 meeting of finance committee dated 25th march 2011
page plan and non plan budget.
4. Compass Printout
for allocation in year 2010-11
5. Completion
certificate from Principle investigator for each project.
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3
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Corruption
@NIPER Case Three
Ex-Dean,
Indulged in unauthorized Brokerage/ Commission Sale while holding the
positions in the year 2009-10. Utilizing 11th five year plan
money, he procured chemicals (two impurity standards) from a local
manufacturer, M/S Ind Swift Labs, Panchkula for Rs. 7.5 lacs ( Rs. Seven lacs
fifty thousand) and sold the same to the United States Pharmacopeia for Rs. 20.8
lacs (Rs. Twenty lacs eighty thousand), thus carrying a profit of 13.5 lacs
on the sale. He has submitted a claim under the disguise of consultancy
services of NIPER a share of the profit under advisory as well as research
consultancy. From a bare perusal of the facts, it is clear that Ex-Dean has
gravely misused his official position and his act may bring disrepute to the
stature and reputation of NIPER.
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TUESDAY,
27 SEPTEMBER 2011
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1. Original
request letter from the company United States Pharmacopeia
2. All
communication of Professor S. Singh with director for allocation of money.
3. Purchase order
of impurity standards for manufacturer, M/S Ind Swift Labs.
4. Consultancy
claim papers of Professor Singh.
5. Minutes of
Constancy committee regarding this issue
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4
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Corruption
@NIPER Case Four
Officiating
Director, utilizing 11thfive year plan money, printed a book from
local Printer Azad Publisher for Rs. 5 lacs ( Rs. Five lacs) and Price of the
book printed is Rs 400 and USD 35. In the acknowledgement it is written The
grant for the project (GP294) is received from the nodal ministry of Chemical
and Fertilizer Govt. of India, Dept. of Pharma-ceuticals. Thus taking Money
from two Govt. sources for the same project. From a bare perusal of the
facts, it is clear that officiating director has gravely misused his official
position and his act may bring disrepute to the stature and reputation of
NIPER
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WEDNESDAY,
28 SEPTEMBER 2011
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1. All
communication of Professor K. K. Bhutani with director for allocation of
money.
2. Purchase
order of printing book.
3. A copy of
the book
4. Expenditure
records related to grant for the project (GP294) is received from the nodal
ministry of Chemical and Fertilizer Govt. of India
5. Comments of
F&AO regarding this matter
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5
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How
much a Good Samaritan can save for the Institute? At least 1 crore…………………….
Diesel
was being purchased at NIPER without following General Finance Rule 2005 of
GOI since inception till 2010. A good Samaritan stopped it.
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TUESDAY,
4 OCTOBER 2011
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1. Complete
minutes of Joint SPC I and SPC II Committee on diesel purchase
2. Record of
Diesel Purchase for 2008 till 2011
3. Individual
record for diesel consumption for TDC, gen Set, incinerator and horticulture
4. Letter of
Mr. Jain, Finance Committee member.
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6
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Never
used facilities @ NIPER
Large
number of construction projects was initiated under 11th five year plan
at NIPER. Civil works of many building is completed, but the buildings are
standing un utilized either because they are not furnished or no money for
equipments/manpower or no money for running/ recurring cost.
A. Swimming pool A huge Olympic
size pool is build under 11th five year plan at NIPER for more then1 crore
and the construction is completed all most a year ago. Project investigator
of Drugs for most neglected diseases (Scheme N18) under the 11th five year
plan (2007-12) says that part of the money received for the project was
diverted to fund the escalated construction cost of swimming pool.
B. Community center: The same story
repeated again for Community center A odd shaped building with big
cover area and less utilizable space is built utilizing approximately 40
lakhs.
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MONDAY,
10 OCTOBER 2011
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1. Ministry
approved project proposal with budget, and timeline for each project.
2. Complete
tender document with criterion for selection of contractor.
3. Cost overrun
and approval letter for cost overrun for each project.
4. Year wise
money received from ministry for each project.
5. Completion
certificate from contractor for each project.
6. Record of
use for each project with date.
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7
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CAG
unearthed shoddy state of education @NIPER
Due
to nepotism, mis-management and administrative malice, the education took
backseat at NIPER. The condition is so bad that even CAG wrote a para about
it in 2009-10 report.
The
following information may be furnished to audit:-
Reasons
for not filling the vacant posts through the intake of students had increased
by 66.82 percent compared to year 2009-10 may be intimated.
The
manner in which NIPER was imparting education to the students in the absence
of adequate staff may be intimated.
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FRIDAY,
21 OCTOBER 2011
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1. CAG report
of the years 2009-10
2. NIPER
response in detail for each para/ objection raised by CAG
3. CAG
response to each explanation
4. Final
out-come whether para sustained or deleted
5. Remedial measure
taken by NIPER where CAG wrote para sustained
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8
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Misappropriation
of 607.26 lakh @NIPER due to violation of BOG direction.
CAG reported Loss/
misappropriation of 607.26 lakh Exchequer money during the year 2009-10
alone.
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MONDAY,
31 OCTOBER 2011
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1. CAG report
of the years 2009-10
2. NIPER
response in detail for each para/ objection raised by CAG
3. CAG
response to each explanation
4. Final out
come whether para sustained or deleted
5. Remedial
measure taken by NIPER where CAG wrote para sustained
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9
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NIPER
cheated it's own scientists
Tanasahi
achieved new height @NIPER
NIPER
claimed arrear money from DST in the name of 10 scientist/SRF; did not pay
all the people, used the money for some other unknown purpose (pocket?), submitted
the utilization certificate indicating that the money is used for the purpose
it was given by DST. Few deprived people failed to get their due from NIPER
now thinking on going through legal route to retrieve their money.
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TUESDAY,
1 NOVEMBER 2011
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1. Copies of
legal notice received By NIPER in last one year
2. Claim letter
send to DST by NIPER
3. Copy of the
sanction and approval letter received by NIPER from DST regarding arrear
money.
4. Copy of the
salary slip of the employees to whom the arrear money is distributed.
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10
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Time
to act; time to act decisively to reestablish NIPER’s old Glory
It
is pertinent to mention that all cases of NIPER is duly informed through
Proper channel to BOG by Dr. Roy, Dr. Bansal and Dr. Neeraj Kumar in last
three months after the new BOG is formed and to Ministry and Visitor NIPER
(The President of India) since Nov 2009.
The
entire documentary evidences along with CAG report is also submitted to
Chairman BOG on 14th Oct 2011. Now onus is on BOG to act upon evidences and
chart the right path for “Institute of National Importance”.
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TUESDAY,
29 NOVEMBER 2011
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1. Copies of formal
complain to BOG by Dr. Nilanjan Roy, Dr. Bansal and Dr. Neeraj Kumar
and dr. Animesh Roy
2. Copies of
documentary evidences along with CAG report is also submitted to Chairman BOG
on 14th Oct 2011.
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11
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"Irregular
purchase of Transmission Electron Microscope (TEM) valuing Rs. 432.98
lakh" CAG
The
Department of Science and Technology, Ministry of Science and Technology,
Govt. of India sanctioned first installment of 250.00 lakh Single
Quotation Transmission Electron Microscope (TEM) was much higher. Institute
took up the case with GOi for release of additional grant of 1.92 crore. GOI
sanctioned 92.13 lakh. Rest of the cost of the equipment approx 1 crore was
met by NIPER from its own sources. Equipment was purchased from M/s EFI
Company Europe through their agent M/s Analytical equipment Pvt. Ltd, Mumbai,
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MONDAY,
2 JANUARY 2012
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1. Complete
file of electron microscope purchase with tender document and comparative of
the bidders
2. Total DBT
funding received
3. Reason,
approval letter for addition funding NIPER admitted to fund the purchase of
equipment from its own sources and detailed of sources from which the
equipment was funded.
4. Comments of
CAG about this purchase, NIPER response and final out come of CAG
objection
5. What
benefits the institute has received since the inception of this TEM
laboratory.
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12
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F&AO
of NIPER; Root cause of all corruption?
Finance
and accounts officer (F&AO) of any organization is a very responsible
post and suppose to work a guide of whole administration based on General
Finance Rule, 2005 (GFR2005) of Govt. of India. However in the case of NIPER
F&AO failed to perform his duties lied to CPIO (RTI) and other statutory
committees causing huge loss to exchequer money, and causing initiation of
litigation.
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SUNDAY,
4 MARCH 2012
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Written
statement of F& AO, NIPER Regarding the following cases
1. DST Arrear
Case
2. Electron
microscope purchase
3. 11th five
year plan money distribution
4. Loss of 49
lakhs interest in FD
5. On paras of
2009- 2010 CAG report
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13
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TDC
AT NIPER, Mohali USED AS MILKING COW, NOTHING ELSE
CAG
(DPC Act 1971) Audit and inspection report on the account of NIPER for the
year 2010-11 obtained by RTI. Relevant extracts irregularity para 3 are as
under:
NIPER
worked out monthly expenses for running and maintenance to Rs. 12.60 for the
period from 15th july 2008 to 14th July 2009 against which the usage charge
were fixed 14.85 per month. (for a 15 crore facility only 2.25 lakh per month
income?)
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TUESDAY,
1 MAY 2012
|
1. Copy of all
MOU with Ranbaxy & expenditure/utilisation of 319 lakh for technological
development centre under 11th Five Year Plan where Rs. 569
lakhs were approved by Planning Commission to benefit to the agreement holder
under pretext of upgradation of TDC.
2. Account
statement of salary of all staff of TDC
3. Date wide
details of payment received fro Ranbaxy
4. All para of
CAG pertaining to TDC
6. NIPER
response in detail for each para/ objection raised by CAG
7. CAG
response to each explanation
8. Final out
come whether para sustained or deleted
9. Remedial
measure taken by NIPER where CAG wrote para sustained
10. Relevant
extracts of the Finance Committee Minutes in respect of TDC.
11. Costing
data sheet on the basis of which the contract value was calculated
12. Under
which rule of NIPER Act & Statute lease of equipment is allowed
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