The report prepared by a committee headed by Pratyush Sinha, former chief vigilance commissioner, said Antrix-Devas deal lacked transparency and recommended that action needs to be taken against Nair, A Bhaskaranarayana, K R Sridhara Murthi and K N Shankara all of whom have retired.Antrix is the commercial arm of ISRO and Devas is a private firm.
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'Deal lacks transparency and due diligence'
It said, "The approval process (for the deal) was riddled with incomplete and inaccurate information given to the union cabinet and the space commission".
While the Antrix-Devas agreement was signed on January, 28, 2005, "this fact was not disclosed to the space commission or in the cabinet note dated November 27, 2005, in which approval was sought for the launch of GSAT 6, one of the satellites to be build under the agreement".
'Antrix-Devas contract heavily loaded in favour of Devas'
Secondly, it said, "It is surprising that for the purpose of arbitration Devas has been considered an international customer even though its registered address in the contract is shown as in Bangalore. "The report also noted that no clearance was obtained from the legal cells of the department of space and the finance ministry for Antrix-Devas deal, as is mandatory for any international agreement by any department of Indiangovernment.
It also said GSAT capacity was earmarked for Devas without consulting INSAT Corporation Committee, which recommends use of satellite capacities by non-government users authorised to provide telecom services, which is a "clear violation of the government policy".The committee report said, "There is evidence to suggest that the Antrix-Devas agreement was not disclosed to technical advisory group at the time of considering the experimental trials."
'Earmarking of GSAT capacity violated government policy'
"In the absence of such a declaration of intent, choosing Devas seems to be lacking in transparency and due diligence."The committee report said in the cabinet note, however, "an erroneous impression was sought to be created that ISRO was in receipt of several firm expressions of interest by service providers for the utilisation of satellite capacity on commercial terms".
"This appears to be deliberate as the existence of the agreement was not disclosed even when seeking approval later of the Space Commission for the GSAT 6A satellite. "The committee also proposes action against four other scientists S S Meenakshisundaram, Veena Rao, G Balachadran and R G Nadadur "who have been found responsible for the acts of omissions by not paying enough attention to details and not ensuring that the various notes that were put up for decision to the competent authorities included all necessary details and had undergone various necessary consultative processes".
Prior to the setting up of Pratyush Sinha Committee, the government had on February 10, 2011, set up the high powered review Committee with B K Chaturvedi and Roddam Narasimha as members to review the technical, commercial, procedural and financial aspects of the Antrix-Devas agreement of January 2005.