PRSEC/E/2019/22962

President of India’s Office, 26/11/2019

Rashtrapati Bhavan,
New Delhi (India)
Hon’ble Sir,

Re:- my concerns about #PSU insurance corruption in the name of

pure discretion
Today we the citizen’s of India are reminded of the constitution
day that envisages rule of law and equality to each and every
citizen of the largest democracy.
Your excellency is the appointing authority of apex decision
makers of our PSU Insurance, I bring to your kind attention the
events that reveal psychopath decision makers in our PSU
insurance with obsession to harass & destroy the applicant
whistle blower in the name of pure (i.e. absolute) discretion.
…………………………………………………………………………………………………………………………………
Approximate loss is Rs. 2.1 million per month each PSU non life insurance :- every member of GIPSA ,that is,
NICL,NIACL,OICL,UIICL incurs expenditure of about Rs. 1.5 lakh upon vigilance officer (VO)in each regional
office (RO) & Rs.2.1 lakh upon Chief Vigilance Officer(CVO) in their Head Office(HO). The theory of preventive
vigilance that, eventually, fails in practice.

apex decision maker’s of India’s Corporation/association ; Address

PSU non-life insurance regulator as per the
General Insurance Act
1. Mr. A V Girija Kumar ,CMD, The Oriental Insurance Oriental House, A-25/27 ,
<cmd@orientalinsurance.co.in> Company Ltd {OICL} Asaf Ali Road,New Delhi -
110 002.
2. Ms.Tajinder Mukherjee ; CMD, National Insurance Company 3, Middleton Street
<cmd@nic.co.in>, Limited {NICL} Kolkata -700 071.
3. Mr. Atul Sahai ;CMD , The New India Assurance 87, M.G Road, Fort,
<cmd.sectt@newindia.co.in> Company Ltd; **{NIACL} Mumbai-400 001.
4. Mr.Girish Radhakrishnan ; United India Insurance Co. Ltd 24, Whites Road,
<cmd@uiic.co.in>, {UIICL} Chennai - 600 014.
5. Mrs. Alice G Vaidyan; General Insurance Suraksha, 170, J Tata
<cmd@gicofindia.com> Corporation Of India {GICRe} Road, Churchgate,
Mumbai – 400 020
6. Mr. Rajeev Kumar Secretary; Department of Financial 3rd floor JeevanDeep
rajeevkumar@nic.in Services; Building, Sansad Marg,
{DFS}, Ministry of Finance, New Delhi-- 01
7. (GIPSA), General Insurers Public Sector Ground Floor,
harish.gipsa@gmail.com Association {an association of 5, Jeevan Tara Building,
above no.1,2,3,4 and 5} Sansad Marg, NEW DELHI-
110001.
Events watched by applicant an #insurance whistle blower with no criminal antecedent :

1 24/02/1988 Applicant is appointed as Hindi Translator in a PSU

Insurance company; GIC is the holding corporation; NIACL,
OICL, UIICL, NICL are its subsidiaries. the minimum
qualification required is that of ii class graduate, a class-1
officer’s minimum qualification was graduate in LIC/GIC
Applicant gets six increments more than assistant by virtue of
appointment as Hindi Translator

1
2 31.10.1991 Administrative directions that If a Hindi Translator seeks

OICL transfer as Asstt. he should be asked to forego additional

increments..
3.-a 1.12.1999 N. Vittal the then Central Vigilance commissioner {CVC}
issues guidelines on the “effective punishment of corrupt
through traps” with copy, inter alia to Chief Executives of
the PSU’s stipulating timely disciplinary proceedings
against corrupt officials to be completed within a period of
6 months of traps; without awaiting court order in the matter
of criminal prosecution. {full details in annexure}

3.-b
*** A mainstream employee of NIACL ( salary roll no.26019 **)
January
demands bribe in consideration of claim cheque payment
2003
from the insured near Jaipur (Rajasthan); the anti corruption
law enforcement catches him red-handed, forensic
evidence that his trouser’s pocket ,his hands became red {
with 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 Chief Regional Manager {CRM}
***
of NIACL Regional Office Jaipur communicates to law
enforcement authority her intent to remove employee of S R
No.26019 ** she records dissent to explanation of alleged
employee of doubtful integrity and records that bribe
taking is FULLY 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 seeking promotion .
7.a 2006-07 NIACL Publishes applicant’s article entitled
“Suchan ka Adhikar aur Bhasha” in their in-house magazine.
A Non Matriculate employee cannot be promoted to the post
7.b 30.08.2007
of Hindi Translator. {however, can be promoted as an
assistant } NIACL’s RTI reply.
NIACL informs that the balance of leave in Applicant’s
8 (a)
24.09.2007 account cannot be supplied as leave for 21/06/2007 to

2
 31/7/2007 is pending in Jaipur

26.3.2008 One Harichand,on behalf of NIACL is

8 (b)
{misogynist pleased to write:-“It is surprising

deposition fact that the wife of Mr. Soni is not

following the Hindu Family Traditions
against wife
as she is comfortable away from her
of
sick husband..” {Salary No. 20676 is
Applicant}
soon to be rewarded as Dy Gen Manager}

9 (a) April 2008 Suspension order issued by name of Applicant ,1975 rules;

Selective altering his designation to assistant, no grave charge except

so called violation of discipline of leaving headquarter
workplace
{February 2008}. 29/4/2008 CVC Office
harassment
Memorandum :- Apex Anti corruption body’s cognizance
of on the complaint against isolation forced against the
applicant Applicant, CVC directs NIACL to ensure no harassment to
the Applicant. {full details in annexure}
9-b 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-declared. On 25/09/08
etc. above ethics ignored by NIACL
9-c 10/12 Central Information Commission records 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.”
{Though citizen’s access to information,RTI act does not
stipulate a motive/reason of seeking information}
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

3
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)
NIACL’s chief manager A.B. Dange replies to RTI ref.
13.02.2009
CORP:HRM:IDD:2009 he informs, inter alia:-
4. Discretionary powers of an individual/authority falls in the
realm of pure discretion.
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, orders 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, forwarded by the Add. Registrar to NIACL

18.a 3 January One S. S. Hira, salary No. 15287 of NIACL (a public

2011 authority) files RTI ii appeal against the CDBT

seeking information of income IT/TDS challan,trading
account, Audit report etc in respect of 4 persons on
behalf of management of NIACL, a PSU, Mr. Hira gets
rewarded with promotions to Dy General Manager
Dept. of Official Language,Ministry of Home takes
30.05.2011 cognizance of Applicant’s complaint 10.5.2011 about
18.b
protection to corrupt officials NIACL, forwards to DFS.
19.a June 2011 NIACL chairman’s order sets aside the disciplinary
penalties of 11/2009 ; omits the applicant status as Hindi
Translator; ignores the principles of natural justice inter alia
the directions of CVC , ignores a chargesheet cannot be

4
 communicated by messengers; ignores that an employee
cannot be punished on the basis of such rules that were never
ever alleged ;he exonerates the applicant of the charge of
tampering medical certificate.

19.b
July 28, 2011 The applicant receives e-mail from NIACL DGM in response
to the whistle blowing entitled Re: Fw: How
corrupt officials are well paid with name change in
NIACL
“If you are so engrossed in fighting corruption etc why don't you devote
full time for the same besides using Law qualification for practicing as a
lawyer instead of trying to continue to be in service whcih has certain
limitations as you will be governed by CDA rules etc which may not
allow some of the activities” .
20 10.08.2011 Applicant’s RTI 13/6/2011
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.a 12.10.2011 Petitioner-applicant is otherwise employee of respondent
insurance company, Rajasthan High Court interim order in S.
B. (c) Writ Petition No. 14838/10
Mr. Atul Sahai, Chief Manager , informs
22.b 19/12/2011
there is NO existence of Hindi Translator in the NIACL {he
is presently the Chairman MD, NIACL}
January Chief Vigilance Officer, NIACL replies the CVC
2009 memorandum , she insists 3 times that Mr. Soni is Hindi
Translator
23-a 9.01.2012 DFS letter to Chairman NIACL ignored on
***
{12-2011 to 1- Applicant’s complaint of denial in promotion :-“denial of

2012} fundamental rights”... doubtful integrity employee 26019

participates .{by virtue of non suspension}

23-b Doubtful integrity employee no.26019 NIACL gets favourable order of

***
1/10/2012## disclosure of Information from Central Information Commission{CIC} in
respect of marks obtained by 3 successful candidates in written
examination for promotion. Appeal No. CIC/SD/A/2012/000536

24 Reserve Bank of India, the financial regulator’s Chief Vigilance Officer

{cvo@rbi.org.in} forwards applicant’s concerns , entitled:-
26.12.2014
GIPSA company’s tactics of Writ Petition to protect the corrupt abuse
of…

25
6/01/2017 Case No. CIC/MP/2016/000371 Date of decision 30 January 2017
Central Info Commission records the NIACL Jaipur respondent’s oral

5
 submission:-{argument for denial of information} …they further stated
that the appellant was a terminated employee of NIACL and had filed
100 RTI applications.

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 ; employee of doubtful integrity S R No. 26019 at Jaipur Regional Office.
blissfully ignoring The said employee was placed under suspension for a limited time while
the event no. 3 he was under arrest for corruption charges.

November ,2018 General Insurers Public Sector Association {GIPSA} an

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 psychopaths
and their promoting managers who somehow get rewarded in the
workplace(s) of our PSU Insurance.

Litigations that target selectively , destroy applicant’s equality as a citizen:-

Stay orders Writ Petition filed by Motive judicial authority

dated
01/12/2019 GIPSA, an association of
non life PSU insurance
09/04/2012 NIACL HO Mumbai and RO
Jaipur
30/04/2014 NIACL Mumbai privileged
RTI officials, deputy GM’s
enjoy tour by flight
I keep a reasonable expectation that our PSU Insurance workplaces are run with a rule of law
and no longer riddled with corruption.
Escape the citizen’s WPC 8041/2010
access to information Delhi High Court
Escape the Civil Writ No.
accountability for 4007/2012
dismissal of applicant Rajasthan High Court
on whimsical charges
Escape the charges of Civil Writ Petition No.
abuse of public 429/2013
money, ignore notice Bombay High Court
of video conference

Regards,
ShriGopal Soni ,C-231, Panchsheel Nagar, Ajmer-305004 <revribhav@gmail.com>

91-9414982395 https://twitter.com/revribhav

6
Annexure to Hon’ble President of India (from ShriGopal Soni) 26/11/2019

Sir,

An overbudened Judiciary in India is a harsh reality, (in addition to systematic abuse of power
by a coterie armed with red tapism and excessive bureaucracy that is preceived as both corrupt
and in-efficient).

A sitting Judge of Rajasthan High Court reportedly said that 300 minutes time is accorded to a
judge of High Court to hear 300 cases...

The consequences are dangerous for democracy of India, a financially resourceful person (that
legally includes an artificial person, i.e. company/ corporation) may abuse the legal system with
intent to deny the lawful rights to a vulnerable individual…

Attached above is the clipping from Rajasthan Patrika published from Ajmer dated 27.11.2014

The applicant is rendered a miserable failure in every administrative

authority or commission:- because PSU Insurance officials with
obsession of a psychopath argue with extreme polarization; one of the
example when the applicant’s writ petition was pending with relief of
equitable promotion is the written statement of a manager, NIACL:-

“(G). That the contents of ground (G) of the writ petition are denied the petitioner
cannot be allowed to raise any other ground except those which have already
been agitated in the writ petition”…

Eventually the writ petition of the applicant was rendered a failure on account of those
grounds that were not part of any written statement / affidavit of a state owned
insurance company whose apex decision maker’s appointing authority is the Hon’ble
President of India.
Annexure (From ShriGopal Soni)

No.3(v)/99/10
CENTRAL VIGILANCE COMMISSION
*****
Satarkta Bhawan, Block 'A',
GPO Complex, INA,
New Delhi- 110 023
Dated the 1st December 1999

Subject: Effective punishment of the corrupt through traps

One of the main weaknesses in the present system of vigilance is that the
corrupt public servants many a time escape punishment. Effective and prompt punishment of
the corrupt is a sin qua non to change the present atmosphere of cynical apathy in the
organisations under the purview of the CVC. There is a need to the issue of tackling
corruption to create a healthy atmosphere that corruption will not be tolerated.

2. There are two courses of action possible against the corrupt public servant.
The first is prosecution and the second is departmental action. So far as prosecution is
concerned, once the papers go to the court, there is no way in which the action can be
expedited. So far as departmental action is concerned, it is within the powers of the
disciplinary authorities to ensure that the punishment is effectively meted out. The CVC has
already issued instruction No. 8(1)(h)/98(1) dated 18.11.98 that the departmental proceedings
should be completed within a period of six months. In order to achieve this goal, the
engagement of retired honest persons as inquiry officers has also been suggested.

3. While systematic application of these instructions will help in bringing down

the overall pendency of corruption cases and also ensure that the corrupt public servants are
punished, still the problem of the current atmosphere of cynicism and apathy against
corruption remains.

4. In order to ensure that effective punishment is quickly meted out to the

corrupt, the following instructions are issued under the powers vested in the CVC in para
3(v) of DOPT Resolution No. 371/20/99-AVD III dated April 4, 1999.

(i) In every organisation, those who are corrupt are well known. The
Disciplinary Authorities and the CVOs as well as those who are hurt by such
corrupt persons can arrange for traps against such public servants. The local
Police or CBI can be contacted for arranging the traps.

(ii) The CBI and the Police will complete the documentation after the traps within
a period of two months. They will make available legible, authorised
photocopies of all the documents to the disciplinary authority within two
months from the date of trap for action at their end.

(iii) Once the photocopies of the documents are received, the disciplinary authority
should initiate action to launch departmental inquiry. There will be no danger
of double jeopardy because the prosecution which will be launched by the
CBI or the Police based on the trap documents would relate to the criminal

Page 1 of 2
 aspect of the case and the disciplinary proceedings will relate to the
misconduct under the Conduct, Discipline and Appeal Rules.

(iv) Retired, honest people may be appointed as special inquiry officers so that
within a period of two months, the inquiry against the corrupt pubic servants
involved in traps can be completed.

(v) On completion of the departmental process, appropriate punishment must be

awarded to the trapped charged officer or public servant, if the charge is held
as proved.

(vi) If and when the court judgement comes in the prosecution case, action to
implement the court decision may be taken appropriately.

5. The intention of the above instruction is to ensure that there is a sharp focus
on meting out effective punishment to the corrupt in every organisation. Once these
instructions are implemented, the atmosphere in organisations is bound to improve because
the corrupt will get the signal that they could not survive as in the past banking on the delays
taking place both in the departmental inquiry process as well as in the prosecution process.

6. This order may be implemented by all departments effectively.

7. This order is also available on web site of the CVC at http://cvc.nic.in

To

(i) The Secretaries of All Ministries/Departments of Government of India

(ii) The Chief Secretaries of All Union Territories
(iii) The Chief Executives of PSUs/Banks/Organisations
(iv) The Comptroller & Auditor General of India
(v) The Chairman, Union Public Service Commission
(vi) The Director, CBI
(vii) All Chief Vigilance Officers in the Ministries/Departments/PSEs/Public Sector
Banks/Insurance Companies/Autonomous Organisations/Societies etc.
(viii) President's Secretariat/Vice-President's Secretariat/Lok Sabha Secretariat/ Rajya
Sabha Secretariat/PMO

Page 2 of 2
ANNEXURE Event No. 9(a) HO/VIG/2009 CF NO.5387/123

Deepa Bajwa, 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 VO to investigate
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 joined 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 a decade as another department of NIACL is
emphatic that there is neither any existence of Hindi Translator nor is there any
pending matter of revival of the post. The reply is issued by the chief manager who is
present CMD of NIACL ,Mr. Atul Sahai <<<<<<<<<<<<<<<<<<<<<<<<<<<<<

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

Annexure (from ShriGopal Soni)
Annexure :- loss of trust in Public Institutions of India
(from Shri Gopal Soni @revribhav) :-
Jan 6, 2017

Chennnai:- Neither the insurance company nor it’s agents are trustworthy
sources for a wide spectrum of people a study by industry body ASSOCHAM
found.

In a statement issued on Friday, ASSOCHAM said: “Among the first set of people
with no specific knowledge of insurance and finance and those who fall in the age
group of 18 to 60 years,72 per cent of those covered in the study said their
agent/sales person was the least trustworthy source in the sales process of an
insurance company.”

The second least trustworthy source in the sales process was the insurance
company itself, though the percentage on this count was much less at 29 per
cent.
…………………………………………………………………………………………………………………………………………………………………

Text of appointment letter of the applicant (translated)

THE NEW INDIA ASSURANCE COMPANY LTD.

(A Subsidiary of the General Insurance Corporation of India)
Regional Office: 8-Gulab Bhawan,Bahadur Shah Zafar Marg,New Delhi-1100002
Phone … Telex… Dated:13.06.88

R.O.ii/Personnel/Recruitment/Neelam/87

Shri Gopal Soni

964/44,Badi Nagphani,Ajmer-305001
Dear Sir/Madam,

With reference to your application Dated ---and thereafter interview/Medical test for the post of
Hindi Translator / Assistant (clerk)/Assistant (typist)
****************************(deleted)

We are pleased to inform you that you are appointed in the grade of 520-30-670-45-850-60-
1210-75-1660 on the post of of Hindi Translator /
Assistant (clerk)/Assistant (typist) to the basic pay of 580 on
***************************(deleted)

Probation. You shall be entitled to amendment in the aforesaid pay scale and other allowances as
per rules prevalent in General Insurance Industry and you shall be accepting the amendments in
the aforesaid pay scale. The following terms and conditions shall be applicable to you in
addition to service conditions of those applicable to other confirmed employees of your grade:-
1. Your appointment shall be with effect from 24.02.1988 your reporting for duty to
Regional Manager/Deputy Manager/Divisional Manager.
The new India Assurance Co Ltd, Branch Office, Ajmer…