CVCOM/R/2017/50175

Online RTI 12/11/2017

Central Vigilance Commission

New Delhi-110001 (India)

Seeking Information in terms of the RTI Act,2005

The applicant is a duly recorded whistle blower with the Central Vigilance Commission, as per
the attachment details since April 2008

The applicant , Hindi Translator of two decades services without stigma, complained of
workplace victimization in the New India Assurance Co. Ltd, (briefly called NIACL ) to the
appropriate authority and the authority while taking cognizance in terms of the then applicable
whistle blower protection law issued Office** Memorandum, during April 2008 to ensure that
the complainant is not harassed in any manner.

That consequent to the above the following events have taken place:-

May 2008
There is no provision of sending
any messenger to an employees
home as per the law of conduct
/discipline of all PSU Insurance
companies including LIC and GIC
Re
The Divisional Manager NIACL
Ajmer rushes several messengers
to applicants home several
times, spending Public Money
against the applicant, a whistle
blower.

June 2008 Senior ranking managers of So called suspension order

Three CIC hearings
NIACL head office Mumbai
spread false propaganda against
the applicant in the Central
Information commission that the
applicant is placed under
suspension for insubordination
and misconduct
issued in the name of the
applicant nowhere mentions the
said reason.
The rumour mongering
continues unabated thereafter in
almost every authority,court or
commission

February 2009 The rules of conduct /discipline
are arbitrarily changed without
any notification to applicant or
any public domain, no book is
printed ; it is interpreted by the
decision makers that they are
enforced from 2003
November 2009 Two different Penalty orders are
issued against the applicant:-
(a) The ex-parte penalty
order presumes that a
3 different rules are used against
the applicant in-between the
process to discipline the
applicant, it is informed in terms
of the RTI that applicant faces
the impeachment
Not only in the LIC and GIC but
also in all the PSU insurance
companies there are only two
prescribed modes of
 charge sheet was communication to an employee
communicated to the a) If the employee is present in
applicant in the month the office then communication is
of May 2008 as he did handed over to him in-person
not attend the so called b). A communication by way of
enquiry he is liable for registered post is sent to
permanent reduction of employees home if he is not
six increments present in the office.

(b) The inquiry in which the Applicant was neither charge

Since November 2009
2010-2013 (four years loopholes)
March 2013
applicant participated,
the penalty of dismissal
is awarded
Without any consent of
applicant or without any
authority of law
Almost 80 percent of applicants
provident fund is forfeited
without any prior notice or
applicants consent
By way of culture of impunity
the Head Office NIACL officials
enjoy lavish tour(s) from
Mumbai to Delhi, mostly by air,
to mark personal presence in the
Central Information Commission.
A complaint for instituting cyber
crime against the applicant is
filed on behalf of NIACL
sheeted nor placed under
suspension in terms of the rules
mentioned in either of penalty
orders
Applicants entire gratuity
remains forfeited there is no
change in status quo
law that even if an employee
becomes insolvent no recovery
can be made from his provident
fund
Applicant witnesses systematic
loss of public money of Rs.
10,000 to Rs. 25000 per person
to claim habitual, uncalled for
Delhi tour though NOTICE OF
HEARING was merely to attend
video conference from Mumbai.
Mumbai police seeks
explanation thereafter no
cognizance against the applicant

1. The applicant seeks information of the specific law in terms of which he,(being an honest
citizen of India no criminal record) is entitled for protection as a whistle blower.

Name of the applicable law for As on 29 April 2008 As on date

applicant whistle blowers
Protection

2. Information of expiry/withdrawal, if any of the attached Office Memorandum dated

29/4/2008 issued by CVC specifically to ensure no harassment of the applicant in any

manner. Shri Gopal Soni, C231, Panchsheel Nagar, Ajmer-305004

91-9414982395 Enclosed:-Annexure**
Extract from 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

{****************************struck off by the appointing auhthority}

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

Rule of Law
Central Government Act
Section 9A in The Industrial Disputes Act, 1947

9A. Notice of change.- No employer, who proposes to effect any change in the conditions of
service applicable to any workman in respect of any matter specified in the Fourth Schedule,
shall effect such change,--
(a) without giving to the workmen likely to be affected by such change a notice in the prescribed
manner of the nature of the change proposed to be effected; or

(b) within twenty- one days of giving such notice: Provided that no notice shall be required for
effecting any such change--
(a) where the change is effected in pursuance of any 1 settlement or award]; or
(b) where the workmen likely to be affected by the change are persons to whom the
Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal)
Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations,
Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway
Establishment Code or any other rules or regulations that may be notified in this behalf by the
appropriate Government in the Official Gazette, apply.
ANNEXURE 2

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
)>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
 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

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

Victim applicants comments:- 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 small claim not paid. Victim applicants identity was
revealed . HE CONTINUES TO BE subjected to witch- hunt.