PRSEC/E/2017/09246

President of India Secretariat 16/7/2017

New Delhi (India)

Re:- Abuse of Chief Vigilance Officer in a Public Sector Undertaking (Namely, NIACL,no.1 non life
insurance entity of India)

With reference to the above please find the attached grievance of applicant, an ordinary citizen of India.

I wish to add that CVC portal seem to be designed for fast internet where I am unable to lodge the
grievance as per the attached screenshot.

Regards,

Shri Gopal Soni, C231, Panchsheel Nagar, Ajmer-305004 91-9414982395

enclosed :- attached complaint originally addressed to Central Vigilance Commssion; page No. 1 to 7
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Abuse of Chief Vigilance Officer in the NIACL:- re-opening request

CENTRAL VIGILANCE COMMISSION. Satarkata Bhavan ,

A-Block. GPO Complex , INA. New Delhi - 110 023

Kind attention:- Central Vigilance Commissioner, Sri K V Chowdary Sir,

With reference to the above I bring to your kind attention that about a decade ago while I was discharging
my duties as a humble class III employee of NIACL (the New India Assurance Co. Ltd, no.1 non-life
insurance company of India) at Ajmer I had filed a complaint against the then Divisional Manager who
was bent upon destroying my career in retaliation of my filing a writ petition seeking equal promotion
opportunities.

At the time of filing the complaint I had completed two decades of services without stigma and the only
grave charges that were pending for domestic enquiry of NIACL was the above.

During April 2008 the CVC took cognizance of the matter and issued the following directions to the NIACL
(Office Memorandum No. Conf./1463/08-9639):- it may be ensured that no harassment is caused to
the complainant in any manner.

That consequent to the above , a culture of impunity prevails in the NIACL,an extremely rich,powerful and
resourceful entity to spread willful rumours and propaganda against me, an honest and law abiding citizen
of India who has neither filed any criminal* case against anyone nor is there any *complaint against me.

That in reply to aforesaid CVC directions the then Chief Vigilance Officer of NIACL issued a written reply
dated 19 January 2009 wherein she spread false propaganda as under with intent to unethically close the
genuine complaint:-

1. Mr. Soni has contended The complaint is still genuine, the Instead of paying the applicant
that divisional office has mediclaim of a very small amount the then staff member, an
made a false pending since 2007 was not paid advocate was hired. The re-
allegationabout to applicant imbursement of sickness
mediclaim expenses remain denied .
2. He also made a Indeed the function was denied It is a clear rule in all general
complaint that inspite of to applicant in 2007 when the insurance companies that senior
senior most employee he then cashier died suddenly most class-3 employee is
was deprived of assigned the cashier function.
functions of cashier
3. He also alleges that un- There ware about four hundred To deny leave to applicant, an
necessarily he has been employees,the applicant was advocate was hired. The leave
issued a charge sheet for singled out,he was never asked remains denied even after a
sick leave to appear before any board,in decade.
case his sick leave was doubtful.
That wilful rumours were spread against the applicant in her reply by the then CVO of NIACL:-
 -2-

4. CVO insisted three times Neither the so called charge The post of Hindi Translator does
that applicant is a Hindi sheet nor subsequent dismissal not have any existence as per
Translator order or so called re-instatement RTI reply of one Atul Sahai,chief
order mention the post of Hindi manager, NIACL dated 19
Translator. December 2011
5. CVO referred an The so called vigilance CVO suppressed that during two
investigation by Vigilance investigation never ever took any decades services of applicant his
Officer, Jaipur Regional statement of the applicant integrity was never questionable
Office complainant as no vigilance or audit
irregularity was there.
6. CVO spread the rumour The transfer order of 5.06.2007 The applicant has never been
that applicant was was never implemented issued any order to relieve him
already transferred to from Ajmer NIACL
Gulabpura (therefore the
question of assigning
cash function does not
arise)
7. CVO stated that the during so called enquiry it was The highest administrative
nature of charges never ever mentioned as a authority of NIACL vide order of
against applicant grave charge it was based upon June 2011 observes no material
includes inter alia report of an advocate who was tampering .
tampering sick certificate hired with public money.

In view of the above I request you re-opening of the complaint of applicant to ensure that the career of
applicant is not allowed to be destroyed based upon un-ethical rumours of a few elite who run the Public
Sector Undertaking as if it was a personal property for the benefit of a few.

regards, 16/7/2017
Shri Gopal Soni
C231, Panchsheel Nagar,
Ajmer-305004 91-9414982395

Case No. RC/26(A) 1991 Ranjan Kumar Saxena Promoted at least 4 times
ignoring the CBI
recommendation of major
penalty proceedings
Salary roll no. 26019 A union leader who is not only Has a record of being trapped by
allowed name change but also anti corruption bureau in the act
for promotional opportunities of extorting bribe
Both of them Initially suspended Suspension revoked Un-ethically
Sample list of few NIACL officials who are either promoted or allowed opportunities for promotion in
PSU despite record of doubtful integrity on account of history of criminal investigation.
-3-
 -4-

ANNEXURE to complaint of Shri Gopal Soni against NIACL

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 Home Magazine of NIACL Page 20,VISION
)>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
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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

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

(petitioners comments): How the vigilance mechanism in the NIACL is

FARCE It is clear and unambiguous rule in all GIPSA (PSU) insurance
companies that senior most employee in class III has to be assigned cashier
function. There was no effective transfer of SHRI GOPAL SONI from ajmer
to gulabpura,THERE WAS A COURT STAY AND HE HAS NEVER BEEN
RELIEVED FROM AJMER. Consequent to complaint an advocate was
appointed to justify mediclaim not paid.Complainant idenity was revealed
.HE CONTINUES TO BE harassed.
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Copy of appointment letter of the applicant (translated)

THE NEW INDIA ASSURANCE COMPANY LTD.

(A Subsididary 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)
****************************

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
***************************

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

However,the aforesaid date should not be later than a fortnight to the acceptance of this
letter.

2.(a) You will be on probation for a period of six months which may be extended at the
discretion of the Management.
(b) During the probationary period your services will be liable to be termination without
notice and without assigning any reasons by the Company.

3. ****** ((applicable only to assistant (typist))

4.You shall be entitled to confirmation of services if you succeed by completing the

probationary period.

5. On confirmation of probationary period you shall be entitled to other allowances,e.g.

Provident Fund,Gratuity etc.

6.Increments in salary are not released automatically,they are based upon regular
attendance,good conduct,satisfactory work and performance and is subjected to other rules of
the Company also.

7.While in the services of the Company,including probationary period you will be subject to
the rules and regulations of the company,including General Insurance (Conduct,Discipline
and Appeal)Rules,as are in force from time to time and carry out instructions given to you
from time to time orally /in writing.

8. During the probationary period if you leave/resign from the services of the Company,you
are required to give three full days notice in writing. In default company shall have right to
deduct from dues payable to you/recover from you directly an amount equivalent to three
days salary.
 -7-

9. On confirmation your appointment is terminable at any time by giving one months notice
in writing on either side without assigning any reason.

10..You are liable to be transferred from one department to another from the Company to
any subsidiary of the Corporation or from one place to another as and when required to do so.

11. The Companys right at law to take any action against you and to recover the dues of the
Company from you and/or to claim damage from you and the rights of the like nature will
not be affected or deemed to be waived by any reference to the terms and condictions
mentioned herein and they are expressly reserved notwithstanding any specific mention
herein of the rights of the Company.

12. You will have to undergo such training either during probation or any time thereafter as
may be prescribed by the Company.

13. Your appointment shall be subject to with effect from your reporting for duty. The
appointment letter shall be cancelled in the event of your not reporting for duty within a
fortnight.

You may return the duplicate of this letter of appointment duly signed by you,to
indicate that you have accepted all the conditions mentioned in this letter.

Yours Faithfully,

(Rajendra Beri )
Deputy Manager/Regional Manager

****** (words which have been deleted by the Company have been indicated*****)