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PRSEC/E/2019/06937

10/04/2019

President of India’s Office,

New Delhi (India)


Hon’ble Sir,

Recently , the apex decision makers of India’s non-life Public sector Insurance
companies have framed scheme that the public Fund and public resources shall be
utilized for protection of the employees, e.g. directors and/ or their family members
against whom the law enforcement agencies of India have registered case of
corruption/abuse/crime .

Immediately thereafter an alleged bribe taker,PSU insurance employee has been


promoted with increments from retrospective effect.

e-mail Name of Address


Insurers/regulator apex
decision maker
1. cmd@orientalinsurance.co.in Mr. A V Girija Kumar ,CMD, House, A-25/27 , Asaf Ali
The Oriental Insurance Company Road,New Delhi - 110 002.
Ltd {OICL}
2. cmd@nic.co.in, Ms.Tajinder Mukherjee ; CMD, 3,
National Insurance Company Middleton Street
Limited {NICL} Kolkata -700 071.
3. cmd.sectt@newindia.co.in Mr. Atul Sahai ;CMD , The New 87,
India Assurance Company M.G Road, Fort,
Ltd; {NIACL} Mumbai-400 001.
4. cmd@uiic.co.in, Mr.Girish Radhakrishnan ; United 24, Whites Road,
India Insurance Co. Ltd {UIICL} Chennai - 600 014.
5. cmd@gicofindia.com Mrs. Alice G Vaidyan; General Suraksha, 170, Jamshedji Tata
Insurance Corporation Of India Road, Churchgate, Mumbai –
{GICRe} 400 020
6. rajeevkumar@nic.in Mr. Rajeev Kumar Secretary; 3rd floor JeevanDeep Building,
Department of Financial Services; Sansad Marg,
{DFS}, Ministry of Finance, New Delhi-- 110001

7. harish.gipsa@gmail.com General Insurers Public Sector Ground Floor,


Association (GIPSA), 5, Jeevan Tara Building, Sansad
Marg, NEW DELHI-110001.
The events as witnessed by the applicant during last 31 years:-
1 24/02/1988 Applicant is appointed as Hindi Translator in a PSU Insurance
company; the minimum qualification required is that of second
class graduate, a class-1 officer’s minimum qualification was
graduate in LIC/GIC
2 31.10.1991 directions that If a Hindi Translator seeks transfer as Asstt. he

OICL should be asked to forego additional increments..

3.## January 2003 An employee of NIACL (doubtful integrity salary roll no.26019
**) demands bribe in consideration of claim cheque payment
from the insured near Jaipur (Rajasthan) the anti corruption
PRSEC/E/2019/06937

agency catches him red-handed, it is recorded that his trouser’s


pocket ,his hands became red {in consequences of gratification}.
4 29.09.2003 Applicant is discriminated in promotion while junior persons
,e.g. salary roll no.24449 promoted in the NIACL {New India
Assurance Co. Ltd}, where the slogan is “follow the leader”
5 7.12.2005 Kamlesh Vasisht, the then incharge of NIACL regional Office
Jaipur communicates to law enforcement authority her intent to
remove S R No.26019 ** she records dissent to explanation of
alleged employee, also records the “aparadh” of the doubtful
integrity officer that misconduct of bribe taking is established.
6 30.07.2007 Competent court of law grants stay orders upon transfer orders
issued to applicant dated 5/6/2007 . A Hindi Translator is
addressed as assistant for the sake of transfer. S. B.
Civil writ petition no. 4575/2007 for promotion of applicant.
7 30.08.2007 NIACL RTI reply: A Non Matriculate employee cannot be
promoted to the post of Hindi Translator. {however, can be
promoted as an assistant }
8 24.09.2007 NIACL replies that the balance of leave in applicant’s account
cannot be supplied as leave for 21/06/2007 to 31/7/2007 is
pending in Jaipur
8 26.3.2008 Sri Harichand,on behalf of NIACL is
{misogynist pleased to write:-“It is surprising fact

deposition that the wife of Mr. Soni is not


following the Hindu Family Traditions
against wife
as she is comfortable away from her
of applicant}
sick husband..” {Salary No. 20676 is
soon to be rewarded as Dy Gen Manager}
9 April 2008 Suspension order issued by name of applicant ,1975 rules;
altering his designation to assistant, no grave charge except so
called violation of discipline of leaving headquarter{February
2008}. 29/4/2008 CVC Office Memorandum Apex
Anti corruption body’s cognizance on the complaint against
isolation forced against the applicant, CVC directs NIACL to
ensure no harassment to the applicant.
8 14/11/2008 LIC to applicant:- Our disciplinary process*,being based upon
Principles of natural justice, the enquiry/investigation officer
without prior intimation to charge sheeted employee (CSE)
cannot include deposition of any fresh witness than that of pre-
PRSEC/E/2019/06937

declared. On 25/09/08 etc. above ethics ignored by NIACL


9 10/12 Central Information Commission records defence of NIACL

/2008 respondents F. No. CIC/ AT / A/2008 /00535 :- “Appellant’s


purpose is only to cause harassment and loss to the public
authority. He cannot be allowed to carry on his activities.”
10 February 09 Rules of discipline are altered from retrospective effect.

11/02/09 Bribe taking is reported at Jaipur NIACL, CBI entraps one B.K.
Gupta; however, no one put to suspension. RTI reply
addressed on behalf of NIACL:-“applicant has expressed his
opinion about state of corruption in its confirmation asked
information about third party, hence denied”. The ethics is
that even an exempted body, e.g. CBI cannot deny
information of corruption of employees
11 2008-09 In the garb of domestic enquiry, Investigation officer NIACL
directs “written brief” from one Harichand, it is deposed in the
said brief that applicant left headquarters to get stay orders.
12 12.02.2009 LIC informs: there is no provision of such”brief” from a
witness. (during domestic enquiry)
13 8.06.2009 LIC informs : The disciplinary authority is required to submit
complete enquiry/investigation report before taking a decision
in the matter of charged employee. Applicant represents above
to NIACL; no reply.
14 14.05.2009 RTI to CVC reveals applicant that his complaint was sent for
necessary action to CVO, NIACL on 29/4/2008
15 27.06.2009 It (RTI writings of applicant) is a crude attempt to confuse the
different authorities & an attempt to escape from the due
process of law,observes one A R Sekar, GM, NIACL
16 30.09.2009 No provision of taking cognizance on the basis of joint
representation of insurance employees. LIC RTI reply. There
is no provision of delivery of communication to the delinquent
5.10.2009
employee at his home by the messenger. RTI reply of NICL

17 19.05.2010 Applicant’s RTI to apex court that egregious corruption has eroded
public confidence, fwd by Add. Registrar to NIACL

18 30.05.2011 Dept. of Official Language,Ministry of Home takes cognizance


of applicant’s complaint 10.5.2011 about protection to corrupt
officials NIACL, forwards to DFS.
PRSEC/E/2019/06937

19 June 2011 NIACL chairman’s order sets aside the disciplinary penalties of
11/2009 ; yet ignores the principles of natural justice inter alia
the directions of CVC , ignores a chargesheet cannnot be
communicated by messengers; ignores that applicant cannot be
punished on the basis of such rules that were never ever alleged
20 10.08.2011 Applicant’s RTI 13/6/11 forwarded by the Prime Minister’s
Office {PMO} : Delhi NIACL negative reply : “Information
sought by the applicant is nearly 23 years old…”
21 15.09.2011 “Only when the competent authority is not available in the R.O.
matter is referred to HO.” DGM, RTI OICL informs
22 12.10.2011 Applicant is otherwise employee of respondent insurance
company, Rajasthan High Court interim order in S. B. (c) Writ
Petition No. 14838/10
23 9.01.2012 {12- DFS letter to Chairman NIACL ignored on applicant’s

2011 to 1-2012} complaint of denial in promotion :-“denial of fundamental


rights”... doubtful integrity employee 26019 participates .
24 26.12.2014 RBI Chief Vigilance Officer forwards applicant’s concerns , entitled:-

GIPSA company’s tactics of Writ Petition to protect the corrupt abuse of…
25 Case No. CIC/MP/2016/000371 Date of decision 30 Januray 2017
6/01/2017 CIC record the NIACL Jaipur respondent’s oral submission:-{argument for
denial of information} …they further stated that the appellant was a
terminated employee of NIACL and had filed 100 RTI applications.
The appellant stated that he was proud of his record of making RTI
applications. (applicant’s reply)

26 December
2018
NIACL eventually
promotes a fully A. R. Sekar, apex leader of NIACL
disciplined /GIPSA as on 20.7.2012 is actually seen in the company of a mainstream
employee,26019; employee of doubtful integrity S R No. 26019 at Jaipur Regional Office.
turning blind eye to
the moral and November 19,2018 General Insurers Public Sector Association {GIPSA}an
ethical standards unregistered apex body frames scheme of immunity for decision makers
of PSU non-life insurance Co.s euphemistically called : “legal and financial
support to serving/retired employees/officers ..against legal cases arising
out of bona fide execution of Company’s work”.The scheme benefits the
alleged psychopaths and their promoting managers who somehow get
rewarded in the workplace(s) of our PSU Insurance.

I pray your cognizance to stop the legalization of disciplined corruption and


promotions of the disciplined misogynists in our public sector Insurance being the
appointing authority to apex decision makers in our PSU insurance {GIPSA}
companies. Last 11 years un-abated isolation and humiliation of applicant may
also be stopped.

Regards, ShriGopal Soni C-231,Panchsheel Nagar,Ajmer-305004 {91-9414982395}


ANNEXURE from ShriGopal Soni HO/VIG/2009 CF NO.5387/123

DeepaBajwa, Director Central Vigilance Commission,


Satarkata Bhavan, Block –A ,GPA Complex, INA ,NEW DELHI-110 023'

We acknowledge receipt of Commission's OM reference No, Conf/1463/08


dated 29.4,2008 in connection with the grievances of Mr.Soni, Hindi
Translator. The gist of the complaint preferred by him are as under :

1. Mr.Soni has contended that the Divisional Office has made a false allegation about
not responding to their repeated reminders in connection with his medi-claim.

2. He also made a complaint that in spite of being Senior most employee in the DO, he
was deprived of the functions of Cashier on the pretext that it was refused by him
earlier,

3. He also alleges that unnecessarily he has been issued charge sheet for his sick leave
though sufficient balance was to his credit.

On the basis of various allegations made by Mr.Soni, we had asked our VQ to invcstigate
the matter and report to us. Accordingly the matter was invcstigaied by our VO. On
perusal of his report, we offer our para-wise comments on the various points raised by
Mr.Soni and the same are as under ;

1. Mr. Soni is our employee, working as Hindi Translator at Ajmer DO. He


submitted Medi claim bills to Div. Office. As some additional information was required
for his claim, letters for compliance were sent to Mr.Soni advising him to comply with
the requirements. However Mr.Soni denied having received any such communication,
delay is therefore caused due to non compliance on the part of Mr.Soni.

2.Divisional Manager, clarified that Mr. Soni is appointed specially as


Hindi Translator and therefore the job of cashier was not allotted to him. Moreover,
as he was already transferred to Gulabpura branch from Ajmer Div, Office, the question
of assigning him with the function of cashier's job at DO does not arise.

3. Mr. Soni, was issued a Memorandum dated 13.2.2008,for his acts of unauthorized
absence, insubordination, leaving head quarter without permission of the superior and
for tamping with the medical certificate. A departmental inquiry was been instituted to
look into the charges framed against him.

In view of the findings of the VO it will be seen that the allegation made by Mr. Soni are
baseless and do not have vigilance angle. Therefore we are closing the case from
vigilance angle. This is for your information please.

Yours faithfully, (GOPA RAY) GM & CVO

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Smt. Gopa Ray has jointed as CVO of our Company on 4th April 2005 on deputation from
LIC of India.Smt Ray Joined LIC of India in 1977. Her motto is pro-activity,strict financial
discipline and preventive approach to vigilance.,which should be encouraged as values
and ethics in work culture are imbibled by each and every employee of this esteemed
institution.( Excerpts From in-house Magazine of NIACL Page 20,VISION )
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
The statement of CVO ,NIACL informing 3 times to the CVC that applicant is a Hindi
Translator remains misleading even after 11 years; as another department of NIACL,
then represented by its chief manager and presently the CMD, Atul Sahai is emphatic
that there is neither any existence of Hindi Translator nor is there any pending matter of
revival of the post.

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<

No. CONF/1463/08-9639

Governement of India

Central Vigilance Commission

Satarkata Bhavan,Block A

GPO Complex,INA

New Delhi 110023 Dated 29/4/2008

OFFICE MEMORANDUM

A copy of the complaint received in the Commission under “Public


Interest disclosure and protection of Informer” is enclosed for necessary
action.

2. It is further stated that as the complaint has been made under the said
resolution,the identity of the complainant has been kept secret.Therefore
this is not to be treated as an anonymous complaint. If the identity of the
complainant gets revealed at any time,the same may be kept secret.

3. Further in case,it gets revealed,it may be ensured that no harassment is


to be caused to the complainant in any manner.

4. The receipt of this OM may be acknowledged.

(DEEPA BAJWA) DIRECTOR

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