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After
a long period of reformation (O.M. Dated 25-10-2007 for retired
persons), DHS decided to provide Medicines to DGEHS Pensioners under
DGEHS Scheme and therefore FIRST
TIME done
tender F.
No. 25(III)/DGEHS/401/DHS/2014-15 for “Empanelment
of Chemist for supply of Medicines to DGEHS Pensioners” in the
Year 2014-15. Following letter written to Hon'ble President of India
for Action:
 Full
complaint sent to Hon'ble President of India
To,
Date:
10-10-2015
Hon'ble
President of India
Rashtrapati
Bhawan
New
Delhi-110001
Subject: Corruption
in DGEHS Tender Through Gross Violation of Finance Rules
Respected
Sir,
After
a long period of reformation (O.M. Dated 25-10-2007 for retired
persons), DHS decided to provide Medicines to DGEHS Pensioners under
DGEHS Scheme and therefore FIRST
TIME done
tender F.
No. 25(III)/DGEHS/401/DHS/2014-15for “Empanelment
of Chemist for supply of Medicines to DGEHS Pensioners” in the
Year 2014-15.
Immediately,
One question arises – Why
DGEHS in–service Beneficiaries were excluded from this
Tender? However, As
per DGEHS Guidelines - The
scheme is mandatory for serving employees for which their monthly
contributions are deducted from their salaries. However scheme is
optional for eligible pensioners and they become member after
depositing of lump sum for life membership.
I
already raised the issue in my complaint dated 12-03-2015 as “Govt.
Revenue Loss due to Unnecessary Tendering by DHS GNCTD” against
this Tender done in 2014-15. I warned the authorities about the
several Lacs of Rupees Govt. Revenue Loss due to this tender but
no action taken by the authorities of H & FW Deptt.
SECOND
TIME, DHS
raised one step ahead in violation of Finance Rules in this
tender F.No.25(III)/DGEHS/453
/DHS/2015 of
“Empanelment of Chemist under DGEHS for supply of Medicines and
Drugs to Delhi Govt. Dispensaries / Hospitals situated in various
clusters for the period 2015-16”.
Again
I filed Second complaint on dated 05-09-2015 as “Tendering
Fraud AND Deception to Tenderers & Government by DHS, GNCT of
Delhi”.
No Action taken till date.
BUT
the things are not over here. There
is a big story behind this tender which is directing towards
a PREJUDICE
COLLABORATED CORRUPTION.
WHAT
ARE THE OBJECTIONS IN THIS TENDER?
DHS
done fresh tender in 2014-15 for “Empanelment of Chemist for
supply of Medicines to DGEHS Pensioners” and
framed the Rules and regulations which are not mentioned any where in
the General Finance Rules and Guidelines of CVC.
DHS
divided Zones of Delhi into multiple Clusters in following manner -
|
S.No.
|
Zones of
Delhi
|
Clustering of Zones in 2014-15 Tender
No.
of Clusters
|
Clustering of Zones in 2015-16 Tender
No.
of Clusters
|
|
CENTRAL
|
13
|
33
|
|
NEW DELHI
|
3
|
15
|
|
WEST
|
12
|
33
|
|
NORTH
|
21
|
21
|
|
SOUTH
|
12
|
12
|
|
NORTH EAST
|
4
|
10
|
|
SOUTH EAST
|
9
|
9
|
|
SOUTH WEST
|
25
|
25
|
|
SHAHDARA
|
XXXX
|
25
|
|
EAST
|
XXXX
|
18
|
|
NORTH WEST
|
XXXX
|
33
|
DHS
done this tender for one category i.e. “Empanelment
of Chemist for supply of Medicines to DGEHS Pensioners” under
one tender ID andAPPROVED
MULTIPLE TENDER RATES ON CLUSTER BASIS which
is not mentioned under GFR.
DHS
has done tender for BRANDED MEDICINES when the Govt. orders to
prescribe and distribute GENERIC MEDICINES.
DHS
modified following terms and conditions of this tender in 2015-16
through SU-MOTO decision which are not under jurisdiction of DHS:
DHS
modified Minimum Annual Turnover from Rs. 50 Lacs to 10.50 Lacs.
DHS
modified Earnest Money Amount from Rs. 50,000/- to Rs. 1,00,000/-.
DHS
modified Performance Security Amount from Rs. 1,25,000/- to Rs.
3,50,000/-
Experience
of tender asked in a very different manner which is also not
mentioned any where in Finance Rules.
In
2014-15 Tender, DHS declared the estimated business of each cluster
for Rs. 25 Lacs but the estimated business not declared in the
Tender held in 2015-16.
DHS
modified number of clusters in various Zones of Delhi through
SU-MOTO Decision.
DHS
done tender for DGEHS Pensioners only without any provision for
serving employees which is against DGEHS Policy.
WHY
THIS TENDER CALLED AS PREJUDICE COLLABORATED CORRUPTION?
Directorate
of Health Services (DHS) comes under H & FW Deptt, GNCT of Delhi
and the competent Authority is Pr. Secretary of H & FW Deptt.,
GNCT of Delhi.
The
officers/officials of DHS prepared & done the tender in 2014. Dr.
N.V. Kamat, the then Director of DHS taken approval from Sh. S.C.L.
Das, Pr. Secretary, H & FW Deptt. Sh. S.C.L. Das has approved the
said tender through SU-MOTO decision.However Sh. S.C.L. Das alone
was not competent enough to approve the said proposal. Following
questions raising eyebrows towards role of DHS & H & FW
Deptt:
Who
authorized Dr. N.V. Kamat, Former Director of DHS and Sh. S.C.L. Das
to divide Delhi into multiple hypothetical clusters? Are they
competent authorities to divide Delhi?
Why
Sh. S.C.L. Das not taken Cabinet approval to modify the Finance
Rules and divide Delhi into multiple Clusters?
Why
Sh. S.C.L. Das not taken approval from Law Department?
Why
Sh. S.C.L. Das not taken approval from Administration and Reform
Department?
Why
Sh. S.C.L. Das not taken approval from Finance Department?
Why
Sh. S.C.L. Das had given approval to do tender for BRANDED
MEDICINES?
Why
Dr. N.V. Kamat not considered DGEHS in-service employees to provide
medicines under this scheme AND violated DGEHS
Memorandums/guidelines?
Why
Director of DHS not taken prior approval for modification of
clusters in different Zones of Delhi from H & FW Deptt, Law and
Finance Department?
DHS
has done gross modifications in TERMS AND CONDITIONS of tender
2015-16. Is DHS hold such power to do gross modification in the
tender without approval from the Competent Authority?
In
fact, this Tender was prepared and approved for only CORRUPTION. The
foundation of this tender is totally build up on strong pillars of
Corruption. NO ACTION in other cases of corruption increased courage
of Sh. S.C.L. Das to do further more corruption. Therefore, Sh.
S.C.L. Das has given approval through SU-MOTO decision and not taken
action in my complaint dated 12-03-2015.
It
is not the case that Sh. S.C.L. Das, being an IAS officer don't know
the procedure. He was well aware with all the facts. He was well
aware that no authorities of Delhi Govt will provide permission to do
this tender in such a manner and this way he may loose commission
from this tender. Therefore he used his discretionary power and
approved the proposal.
Please
let me know, Why H & FW Deptt has not taken any action against my
following 2 complaints on same subject till date:
Govt.
Revenue Loss due to Unnecessary Tendering by DHS GNCTD dated
12-03-2015.
Tendering
Fraud AND Deception to Tenderers & Government by DHS, GNCT of
Delhi dated 05-09-2015
Reason
for no action in these complaints are self explanatory that the
Officers & authorities of DHS and H & FW Deptt are involved
in the said corruption and therefore all are silent and not
responding the complaints.
There
is gross VIOLATION OF FINANCE RULES AND CVC GUIDELINES. Minor
mistakes can be overlooked but major violation is usually done for
corruption which can not be ignored. IT
IS A SCANDAL.
ILLUSTRATION
OF VIOLATED FINANCE RULES BY DHS & H & FW DEPTT
Violation
of Rule 3 (Interdepartmental Consultations) of GFR.
Violation
of Rule 4 (Departmental Regulations of financial character) & 5
(Removal of Doubts) of GFR.
Violation
of Rule 6 (2) of GFR stated
that The systems and procedures established by these rules may be
modified by any other authority only with the express approval of
the Ministry of Finance. Here DHS modified terms and conditions of
2015-16 tender through SU-MOTO decision by DHS.
Violation
of Rule 21 (Standards of Financial propriety) of GFR by
DHS.
Violation
of Rule 33 (1) (Report of Losses) of GFR by
DHS and H&FW Deptt. - I have filed complaint on dated 12-03-2015
as “Govt. Revenue Loss due to Unnecessary Tendering by DHS
GNCTD” but both authorities had not taken action and continued
the tender till date.
Violation
of Rule 33 (2) of GFR by
DHS and H&FW Deptt. - Even after getting complaint, both
authorities not brought the incidence to the notice of Financial
Adviser Or Chief Accounting Authority of the Ministry. If done, no
action taken till date and tender is still alive.
Violation
of Rule 33 (3) of GFR by
DHS and H&FW Deptt. - No concrete report PREPARED. If report
prepared, no action taken till date and Govt. Revenue loss is still
going on.
Violation
of Rule 33 (4) of GFR by
H&FW Deptt. - NO ACTION TILL DATE.
Violation
of Rule 33 (5) of GFR by
H&FW Deptt. - NO ACTION TILL DATE.
Violation
of Rule 33 (6) of GFR by
H&FW Deptt. - NO ACTION TILL DATE.
Violation
of Rule 33 (7) of GFR by
H&FW Deptt. - NO ACTION TILL DATE.
Violation
of Rule 36 (Report to Audit and Account Officers) of GFR by
H&FW Deptt. - NO enquiry and action till date.
Violation
of Rule 37 (Responsibility for losses) of GFR by
H&FW Deptt. - No enquiry and no action taken till date.
Moreover, tender is still alive and going on.
Violation
of Rule 38 (Prompt disposal of cases of loss) of GFR by
H&FW Deptt. - Complaint is pending till date.
DHS
violated GFR Rule 137 (Fundamental principles of Public Buying)
Sub-section (iv) that
the procuring authority should satisfy itself that the price of the
selected offer is reasonable and consistent with the quality
required. How DHS can justify the price difference i.e VARIABLE
DISCOUNT ON MRP IN SAME TENDER FROM 15.25% TO 20.80%. Please
see the O.M.F.No.25(III)/DGEHS/453
/DHS/2015/34591-95 DATED 27-06-2014 as
Documentary Evidence.
Violation
of Rule 160(XIV) (Transparency, competition, fairness and
elimination of arbitrariness in the procurement process) of GFR by
DHS – Tender awarded to multiple tenderers at variable % of
discount on MRP from 15.25% to 20.8%.
Violation
of Rule 161(iii) (Efficiency, Economy and Accountability in Public
Procurement System) of GFR by
DHS – Tender awarded on 27-06-2014 and it is extended through
letterF.No.25(III)/DGEHS/453/DHS/2015/102818-988
DATED 29-06-2015 and
still going on till date.
ILLUSTRATION
OF VIOLATED OFFICE MEMORANDUMS AND CABINET DECISIONS BY DHS
In
response to my complaint dated 12-03-2015, DHS had formulated
a Report
F.25(III)/DGEHS/449/DHS/2014-15/85885 Dated 31-03-2015,
issued by Dr. Arun Banerjee, Addl. Director, DHS. This report is also
self-explanatory that DHS had violated O.Ms. And Cabinet Decisions.
DGEHS
Guidelines stated that “The
scheme is mandatory for serving employees for which their monthly
contributions are deducted from their salaries. However scheme is
optional for eligible pensioners and they become member after
depositing of lump sum for life membership”. Why
DHS not included in service employees in the said tender? Why it is
done exclusive for Pensioners?
There
is Violation of DGEHS Guidelines.
There
is violation of O.M.
No. F25(III)/DGEHS/140/DHS/09/38850-38862 Dated 28-07-2010,
Point No.1 (as quoted by Dr. Arun Banerjee) issued
for Adoption of CS(MA)/CGHS provisions under DGEHS: “It
is decided that all CS(MA)/CGHS provision
be automatically adopted under DGEHS provision”.
Then Why DHS excluded in service employees in the tender.
Moreover, no
where mentioned about this tender in the said O.M.
Violation
of Finance Department, GNCTD Order – Dr.
Arun Banerjee, Addl. Director, DHS stated in his report at page
no.2, Point5, Para2, Line 6-9 that “it was suggested by
Finance Department, GNCTD that “Chemist
shop empaneled under CGHS are attached to 37 CGHS Dispensaries,
However, DGEHS has 196 Dispensaries. It is felt that CGHS empaneled
chemist shops might quote higher discount rates”.
I
am raising objection here that DHS fixed minimum 15% Discount on MRP
for the medicines from the tenderers and getting discount of 15.25%
to 20.8% through tender. However (A) a
lot of companies are providing Discount of 20% Online through
Internet. (B) On
Branded Medicines Discount getting by BSA Hospital (23%), Bhagwan
Mahavir Hospital (25.05%), DDU Hospital (31.9%), Sanjay Gandhi
Memorial Hospital (27%), etc. About all Delhi Govt. Hospitals getting
Discount on Branded Medicines more than DHS Discount Rates. More
over, DHS directed all Delhi Govt. Hospitals to get medicines from
Pensioners from DHS.
Violation
of Cabinet Decision no. 1223 Dated 18-06-2007 –
Dr. Arun Banerjee quoted this cabinet decision in his report at
Page2, Point 4, Para1 which stated that, “If
the prescribed medicines are not available through CPA/Central
Stores, the same shall be provided by the concerned
dispensary/hospital through the approved chemist”. It
is mentioned for any prescribed medicines. Then
Why DHS is so desperate to do this tender when other Delhi Govt.
Hospitals are successfully doing their own tender and on Handsome %
of Discount on MRP?
PRAYER:
Sir, It
is a Multi-Crore Rupees SCANDAL.
There may be chance that the authorities of DHS and H & FW Deptt
try to destroy this file. Therefore I request you to please take this
file under safe custody of Independent Enquiry Agency/CBI. High Level
Independent Enquiry is only possible after dismissal of Sh. S.C.L.
Das from his services because he is sitting at a very key post as Pr.
Secretary to Hon'ble Lt. Governor. He can manage everything from his
post.
I
request you Sir to please take necessary action in corruption cases
as per Law of India and prevent Delhi from various corrupt practices
and get rid of Delhi form corrupt grip of Sh. S.C.L. Das.
NOTE: please
visit http://www.corruptionfile.com to
download the relevant documents of above said complaint and know
other stories of corruption which was already exposed and concrete
action is awaited in past more than 2 years.
With
Regards
Whistle
Blower Complainant
Dr.
Avinash Kumar
B-3/4E,
Gasta Complex
Paschim
Vihar
New
Delhi-110063
Mobile
No: 9560593045
E-mail: aaaghdr@gmail.com
Website: www.corruptionfile.com
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Central
Govt ministers/ officers/ officials.
Chief
Secretary, Delhi and Delhi Govt. Officers/Officials / others.
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Secretary, H & FW Deptt, GNCT of Delhi AND Director, DHS, Delhi
M.S/
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