President’s Secretariat ONLINE RTI 4/02/2020

, New Delhi .

Re:-Seeking information , Right to Information act -2005.

Public authorities:- Ministry of Finance, Dept of Financial Services (DFS )-Public

sector undertaking (PSU) insurance companies:-

Life Insurance Non-Life/General Insurance

Life Insurance corporation of India General Insurance corporation of India
New India Assurance company Limited
**Oriental Insurance Company Limited
**United India Insurance Company
Limited
**expected to be merged as one **National Insurance Company
st
insurance company w.e.f. 1 april 2020 Limited
The applicant seeks the following information effective from the month /year
that GIPSA, an unregistered association of PSU insurance companies started
function:-

S. No. Para Content of information Need for information

P-1 Information of writ petition(s) filed Details of writ petition
on behalf of a PSU insurance Serial no. court of law;
company to strengthen the full name(s) of
mechanism against abuse of public petitioner(s)
money/embezzlement/ corruption

P-2 Information of the date(s) of Ethics applicable to

publication of the book of Do’s and decision makers of PSU
Don’ts Insurance , prohibits the
Please supply a copy of the same decision makers from
to the applicant taking a whimsical or
capricious decision

P-3 a.Information of the latest monthly The name of CVO,

salary accorded to CVO ( chief Salary roll no.;
vigilance officer) of each PSU e-mail address to
insurance company receive public complaint,
b. Information of the file noting
/consent of the CVO according
approval of GIPSA decision : “legal
and financial support to serving/retired
employees/officers ..(Pl . see event no.26 ;
page no.7
RTI fee is being paid online by the applicant.

ShriGopal Soni ,(RTI applicant)

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

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

1
……………………………………………………………………. PMOPG/E/2020/0045629 dated 25/01/2020

Re:- two decades passed: status quo of dysfunctional vigilance and discrediting a whistle blower in
our PSU bank/insurance

I request your kind interference to ensure that the best of ethics, morality and
vigilance standards are initiated in letter and spirit so that transparency, integrity
and whistle blowing is encouraged in PSU bank/ insurance and the officials with
history of abuse of public money / bribe taking are disciplined with the CVC
mandatory directions. (Pl. see event no.3) initiated about two decades ago by Mr.
N Vittal. {extract of applicant’s representation to PMO}

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

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

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

Events experienced by applicant, a whistle blower with no criminal

2
antecedent:- :-
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 31.10.1991OICL directions that If a Hindi Translator seeks transfer as

Asstt. he should be asked to forego additional
increments..

3.## December 1999 N Vittal the then Chief Vigilance Commissioner

(authority equivalent to High court ) issues time
bound directions for ensuring disciplinary action
against corrupt. Copy is communicated to apex
decision makers of PSU bank / insurance
Full details in annexure: page no. 8-9.
January 2003
One of the employees of NIACL ( salary roll
no.26019 **) demands bribe in consideration of claim
cheque payment from the insured near Jaipur
(Rajasthan); the anti corruption agency catches him
red-handed, forensic evidence that his trouser’s pocket
,his hands turned red ..

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 S R No.26019 doubtful integrity officer’s
misconduct that his act of bribe taking is established.
She expresses her intent to remove the alleged bribe
taker from the services of NIACL

6 30.07.2007 Competent court of law grants stay orders upon

3
 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 relief of
equitable 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-a 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-b 26.3.2008 Sri Harichand,on behalf of NIACL

{misogynist is pleased to write:-“It is

deposition surprising fact that the wife of

Mr. Soni is not following the
against wife of
Hindu Family Traditions as she
applicant}
is comfortable away from her sick
husband..” {Salary No. 20676 is
soon to be rewarded as Dy Gen
Manager}

9-a 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

cognizance on the complaint against isolation forced
against the applicant, CVC directs NIACL to ensure
no harassment to the applicant.

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

4
 deposition of any fresh witness than that of pre-
declared.

9-c 10/12 Central Information Commission records defence of

/2008 NIACL 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

11/02/09 effect. Bribe taking is reported at Jaipur NIACL,

CBI entraps one B.K. Gupta; however, no one put to
suspension. RTI reply on behalf of NIACL:-
“applicant has expressed his opinion about state of
corruption in its confirmation asked information about
third party, hence denied”. ethics is that even CBI
cannot deny information of corruption

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.

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 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

5
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
5.10.2009
to the delinquent 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 3.01.2011
NIACL, a corporate person challenges the Govt order
Appeal No. not to supply information in terms of RTI Act, get
CIC/LS/A/2010/001130- favourable order from Central Information
DS Commission pertaining to income
computation with IT/TDS Challan,etc. of 4
persons required from Income Tax
Department{CBDT} CIC records: “Appellant
stated that they were
themselves public authority”
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 as per
event no. 8; 10 to 16
……………………………………….
19.b
applicant receives e-mail from NIACL DGM in
July 28,2011 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 13/6/11 forwarded by 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

6
 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 {12-2011 DFS letter to Chairman NIACL ignored on

to 1-2012} applicant’s complaint of denial in promotion :-“denial

of fundamental rights”...
doubtful integrity employee 26019 NIACL
participates by virtue of his non suspension .

24.a 30/07/2014 applicant’s RTI 29/09/2010 Renjit Gangadharan, Manager

Appeal No. CIC/DS/A/ NIACL,a PSU Insurance Public authority gets stay order from
2012/002361 Bombay High Court to obstruct the Right to Information of
applicant in respect of CIC decision 20 May 2013 to disclose
information to applicant; He gets lavish tour of Rs.22710/-for
in-person appearance at Delhi on 20/5/2013 though his
presence was required by video conference

24.b RBI Chief Vigilance Officer forwards applicant’s concerns ,

26.12.2014 entitled:-

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 Januray
2017
CIC record the NIACL Jaipur respondent’s oral submission:-
…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 a fully disciplined
NIACL,S.R. No. 26019
was seen in company
of most powerful
A.R.Sekar as on
20/07/2012; November ,2018 General Insurers Public Sector Association
{GIPSA}an unregistered apex body frames scheme of immunity
December 2018 for decision makers of PSU non-life insurance Co.s
NIACL eventually euphemistically called :
promotes
S.R. No. 26019 “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 psychopaths and their promoting
managers .

7
 annexure page no. 8

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
 Annexure page no. 9

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 page no. 10

ANNEXURE Event No. 22.b 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 )
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
 Annexure page no. 11

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