5.12.15 PMO Forwards DFS
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Transcript of 5.12.15 PMO Forwards DFS
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Sh. Raghuram Rajan,Governor 6 December 2015
Reserve Bank of India
Head Office,New Delhi-110001
Re: Please interfere to stop abuse of public resources in the NIACL
The complainant brings to the kind attention of RBI that there are institutional
manipulations; rampant systematic & deep rooted corruption to ignore justified
cause of official language cadre in a PSU (public sector general insurance),namely
the New India Assurance Company Limited (NIACL); history of heinously
radicalized tactics and strategies are the following:-
S.No. DATE EVENT
1. 1980’s
28 .01.88
Hindi Translator post introduced in the GIC public sector
companies to implement the Official Languages act 1963
HD/C-1-5/88
Duties of Hindi Translator issued by NIACL
2. 24.02.1988 Complainant appointed as Hindi Translator on the
minimum qualification of second class graduate, with
language proficiency a class-1 officer’s
minimum qualification is graduate in LIC/GIC
3. 13.06.1988 Appointment order issued as Hindi Translator ; as it
was a new post a separate pay scale remains awaited
4. 31.10.1991
OICL
If a Hindi Translator seeks transfer as Asstt. he should
be asked to forego additional increments.. guidelines
issued by a GIC company
5. 02/2001 Complainant’s regular increments stopped as he
reaches stagnation of pay scale.
6. 29.09.2003 Complainant discriminated in promotion while junior
persons ,e.g. salary roll no.24449 promoted
7. 27.02.2007 NIACL referred to GIPSA injustice in denial of
justified pay & promotion to hindi translators
8. 10.05.2007 Complainant’s notice-cum-representation seeking
justice to hindi translators
9. 5.06.2007 Transfer order as “assistant” by NIACL ( “assistant
“remains deleted in the appointment order of
Complainant)
10. 30.07.2007 Rajasthan High Court grants stay order upon above
(9).S. B. Civil writ petition no. 4575/2007
11. 30.08.2007 NIACL RTI reply: A Non Matriculate employee
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cannot be promoted to the post of Hindi
Translator. (though can be promoted as “assistant”)
12. 24.09.2007
Complainant is replied that the balance of leave in his
account cannot be supplied as leave for 21/06/2007 to
31/7/2007 is pending in Jaipur
13 11.10.2007 Rajbhasha Sansadeey Samiti raises the alteration in
name of hindi translators; directions to NIACL
14. 16.1.2008
Assurance given by NIACL to aforesaid committee to
investigate alteration in the name of post of Hindi
Translators.
15. 24.02.2008
Reminder*
2.05.2013
Ministry of Finance Office Memorandum that title &
Pay Scale of Official Language posts shall be same as
that of Central Secretariat Official Language cadre.
*D.O. issued by Ministry of Home Affairs
16. 3.04.2008 NIACL’s RTI reply 04.03.2008 “The work taken by
Hindi Officer/Hindi Translators is in consonance with
Official Language Act…”
17. 10.04.2008
14.05.2008
Suspension order issued* against ,1975 rules; altering
Complainant’s post as assistant, no grave charge.
B.P.Yadav*,manager replies RTI that Rule 1(3) of
GICDA Rules1975 is applicable to complainant
18. *May 2008*
1,2,12,20,21
Uncalled for NIACL messangers rushed to home,
complainant’s protest is scoffed as receipt.
19. 10/3/2008
to
21/10/
2011***
NIACL written affidavit to High Court:- it is a state
under article 12 of the constitution of India;
petitioenr*was initially appointed on the post of hindi
translator; regularized on the post ; post was created to
implement the provisions of Rajbhasha Act 1963 ;
Reply to grounds: The petitioner* *is definitely
holding the post of Hindi Translator; can further
be promoted to the Officer cadre.. (**complainant)
20. 14/11/2008 LIC to complainant:- 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. NIACL ignores 25/09/08* etc. the said ethics
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21. 10/12/2008 Central Information Commission records NIACL ( 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.” *complainant
22. 11/02/09 Bribe taking reported at Jaipur NIACL,no one put to
suspension. NIACL’s RTI reply to complainant :-
“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 info of corruption of employees
23. 2008-09 In the garb of domestic enquiry, NIACL directs
“written brief” from a witness
24. 12.02.2009 LIC replied there is no provision of such”brief” from a
witness.
25. 8.06.2009 LIC reply: The disciplinary authority is required to
submit complete enquiry/investigation report before
taking a decision in the matter of charged employee.
Complainant represents above to NIACL.
The said report remains denied.
26. 14.05.2009 RTI to Central Vigilance Commmission reveals
complainant that his complaint was sent for necessary
action to CVO,NIACL on 29/4/2008 IT WAS
DIRECTED TO ENSURE NO HARASSMENT TO
COMPLAINANT . Chief Vigilance Officer reply
stressed that complainant is specially appointed as
“HINDI TRANSLATOR” ( stressed 3 times)
27.
27.06.2009
NIACL order to complainant: RTI forwarded by
National Human Rights Commission: It is a crude
attempt to confuse the different authorities and an
attempt to escape from the due process of law…
28. 22.08.2009 Complainant** communicates NIACL :- “definition of
employee is not applicable to applicant** with
reference to Rules 1975”
29. 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
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5.10.2009 the delinquent employee at his home by the
messanger. RTI reply of NICL
30. 5.11.2009 Ex-parte penalty addressing complainant as
“assistant”upon so called NIAC CDA rules2003
:Permanent Reduction of 6 increments. Lack of ethics
as per S. No. 19, 28-29 above
31. 16.11.2009 Tool of repression continue in the garb of dismissal as
penalty order: memorandum under 1975 GICDA rules
alleged only “grave” allegation of leaving
headquarters. public money paid to advocate
32. 19.05.2010 RTI to apex court that egregious corruption has eroded
public confidence,forwarded by CPIO Supreme Court to
NIACL
33. 25.06.2010 Final department appeal called “memorial” inter alia, post of the
complainant,by virtue of his recruitment & appointment with
effect from 24.02.1988 is that of Hindi Translator.
34. 16.11.2010 Directions issued from DFS to GIPSA not to transfer
employees beyond 150-200 Km
35. 4.04.2011
Notice under industrial disputes act against penalties
30 & 31 above to complainant issued to NIACL by
Asstt. Labour Commissioner (ALC),Ministry of
Labour,Ajmer
36. 19.03.2011 Complainant receives reply from Supreme Court:- Dy
No. 620/N-RTI/10-11/SCI :-It is beyond the jurisdiction & scope of duties of CPIO… to interpret the law,judgments /orders of Hon’ble Court or any other Court… (the above ethics remain ignored by NIACL RTI officials)
37.
30.05.2011 Dept. of Official Language,Ministry of Home takes
cognizance of complaint 10.5.2011 about protection to
corrupt officials NIACL,forwards to DFS.
38. June 2011
13.07.2011
The chairman NIACL sets aside the NIACL penalties
of 11/2009 however,his order consists of fallacies &
arbitrary penalties; e.g. reduction of two increments
;no back wages; transfer as punishment.
Omits lawful post of Hindi Translator
LIC reply:- Yes,A CORRIGENDUM TO CHARGE
SHEET MAY BE ISSUED (query:- IN THE EVENT OF
A TYPOGRAPHICAL ERROR/CELERICAL
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MISTAKE in the charge memo,rules pertaining to
correction of the same,the disciplinary authority is
required to convey the same?)
39.
22.06.2011
Transfer order by NIACL though earlier transfer order
5.06.2007 is neither withdrawn nor set aside.
Industrial disputes proceedings continue.
40. 15.07.2011 Complainant’s RTI 29.6.11 forwarded by Central
Vigilnce Commission, NIACL informs :- In case of
Memorial…no time limit… It is a Mercy Petition
before the Chairman-cum-Managing Director.
41. 10.08.2011 Complainant’s RTI 13/6/11 forwarded by Prime
Minister’s Office: Delhi NIACL reply:Information
sought by the applicant is nearly 23 years old…
42. 15.09.2011 “Only when the competent authority is not available
in the R.O. matter is referred to HO.” DGM, OICL
informs under the RTI. (RO HO Regional/Head Office
43. 30.08.2011 Failure report of conciliation proceedings between
NIACL & Complainant issued by ALC, Ajmer to
Ministry of Labour,Delhi.
44. 12.10.2011 Complainant is otherwise employee of respondent
insurance company, Rajasthan High Court
pronounces interim order in S. B. (c) Writ Petition
14838/10
45. 21.10.2011 Complainant’s S. B. (c) Writ Petition No. 4575/2010
dismissed mischievously by NIACL advocate’s oral
submission that go against affidavit (18***) ; a
stranger impersonated as complainant’s advocate
46. 3.11.2011 Reference Industrial Disputes Act to C.G.I.T. Ajmer
by Union of India for adjudication within time limit of
3 months.
47.
1.12.2011 Statement of claim before the C.G.I.T. Ajmer,
filed by complainant in the hope of timely justice.
48.
9.01.2012 DFS forwards to Chairman NIACL grievance of
complainant:-“encouragement to corruption & denial
of hindi officer post discriminately”
49. 1.02.2012 Jt. Secretary,Ministry of Finance ,DFS (Department of
Financial services) directions (ref no. 13014/6/2012-
rajbhasha) to Public Sector banks/insurance
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companies:- Para 3 (extract):- You are requested to
form Official Language cadre in your office so that like
other officers those who belong to official language
find opportunites of promotion.Please take action …
50. 3.02.2012
No class iii or iv employee transferred beyond 200
Kms, RTI reply of OICL by DGM informs.
51. 9.04.2012
&30.07.2012
Stay orders of Rajasthan High Court by NIACL to
challenge Central Govt. Order of adjudication
Industrial dispute between NIACL and complainant
upon fallacious argument of NIACL that complainant
is re-instated in the services of NIACL
52. 7.05.2012
23.08.2012
NIACL CDA rules in Hindi not available at Jaipur
(every rule is required to be bilingual as per official
language Rules 1976) NIACL to comply CIC order
19.04.2012 DFS reply:-
Power to make rules not delegated to NIACL/ GIPSA
53. March 2013
8.08.2013
A Cyber crime complaint to Mumbai Police on behalf
of NIACL filed against the complainant, No
cognizance taken by police against complainant.
Rajeev Arora, Chief Manager NIACL informs:-As on
date employees charge sheeted under the PC
(prevention of corruption) Act-78
out of which 3 have been placed under suspension.
54. 7.10.2013 Public Information Officer NIACL declines access to
complainant’s Information declaring:-We regret your
application under section 7(9)8(1)(d) and case law laid
down by the Supreme Court.
55. 11.04.2014 General Insurance Corporation of India (GIC) replies
to complainant “there is no doctrine of pure discretion
in GIC” NIACL declaration
of 13.02.2009 “realm of pure discretion” informs.
56. 18.03.2015 CBI Press release three YEARS RIGOROUS IMPRISONMENT
TO DEVELOPMENT OFFICER OF NEW INDIA ASSURANCE IN
CHEATING CASE http://cbi.nic.in/pressreleases/pr_2015-
03-18-1.php
2 July 2015
Aforesaid corrupt one enjoys job security for 40 days
paid Rs. 87713/-and 28296/respectively as public
servant for April & May 2015
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57. 17.07.2015 Press Release of Competition Commission of India :
imposed penalty of Rs. 671 crore GIPSA co.s ,
including NIACL , on account of manipulation..
Abbreviation Status upto GIC
control
Present status
Union of India
,Insurance
division Delhi
DEA: Department of
Economic affairs
Ministry of finance
DFS:
Department of
Financial services
NICL
(National Insurance
Co. Ltd)
A subsidiary of
GIC
A GIPSA company
required to follow
directions of
Central Govt.
OICL
(Oriental Insurance
Co. Ltd)
As above As above
NIACL
(The New India
Assurance Co. Ltd)
As above As above
UIICL
(United India
Insurance Co. Ltd)
As above As above
LIC
(Life Insurance
Corporation of India)
Not applicable Its rules and
regulations are
duly notified
GIC
(General Insurance
Corporation of India)
OICL,NICL,NIACL,
UIICL subsidiary
companies
A hidden member
of GIPSA
GIPSA
(General Insurers
Public Sector
Association5,
Jeevan Tara
Building, Sansad
Marg, NEW DELHI
Deliberately
unregistered to allow
it legal advantage that
it cannot be sued
It’s object
are,inter alia to
disseminate
information,
develop good public
relations.
Suppressing it’s
objects secured
Court stay to deny
access to
“information”
Link between DFS
and GIPSA Co.s
Recommends/ transfers officers in- between 4 GIPSA* co.s,recommends promotion,wage revision of Co.s(*including GIC) employees.
TMP (Transfer
Mobility Policy)
No Class wise in 4
GIPSA Co.s
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It is a settled proposition of law that what cannot be done directly,is not
permissible to be done obliquely.
An agency of state cannot file writ petition against a citizen of India.
However there are at least 3 writ petitions filed by NIACL and/or its
association called GIPSA to stop fundamental rights to an honest citizen
of India:-
Stay
Orders
dated
Writ
Petition
Filed by
Purpose Name of
Court
01.12.
2010
GIPSA (an
un-
registered
association
)
Enjoy
public
money
without RTI
Delhi High
Court
W.P.C.8041
/2010
9.04.
2012
NIACL (
87,M. G.
Road,Fort,
MUMBAI-
400001)
Escape the
liability
under
Industrial
Dispute
Proceeding
Rajasthan
High Court
Civil Writ
Petition
No.
4007/2012
30
April
2014
NIACL (
87,M. G.
Road,Fort,
MUMBAI-
400001)
Deny access
of
information
to
petitioner
Bombay High
Court
Civil Writ
Petition No
429/2013
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Consequences of Hateful statements in public life in the garb of
administrative actions such as the following continue unabated:-
The above is one of the Imaginary “grave” violation to incite personal
hatred against a whistle blower. Thus it is need of hour that NIACL and
its policy making association,namely,GIPSA follow directions of central
Govt regarding official language cadre with justified pay scale and
promotional opportunities to hindi translator(s ) (who cannot be
humiliated as assistant on account of such rules that were neither in
public domain nor published in any book) and withdraw the orders/
litigations that incite hatred .
Ministry of Finance be kindly advised not to proceed with
wage revision proposed /forwarded by GIPSA unless support
to corruption and injustice to translators ends.
Yours sincerely, ShriGopal Soni
C231,Panchsheel Nagar,Ajmer-305004 -
About the complainant:-Father of IITian sons; Since 2006-07, an
honest and law abiding Hindi Translator hatefully dismissed as
“assistant” uses citizen’s access to information to disturb the status quo
of deliberate ignorance of ethics in public life…
Annexure- P/ 1
THE NEW INDIA ASSURANCE CO LTD.,MUMBAI (H.O.)
CORP.HRM/CL III-IV CELL/2007
February 27,2007
Mr. A.K.Singhal ,Vice President ,
GIPSA
Jeevan Vihar, 3rd Floor (Rear Portion)
Parliament Street , Sansad Marg,
New Delhi 110 001.
Dear Sir,
Re: Representation against the recategorisation of Translator as Assistant and
anomaly of pay scale of translators Vis-a-vis qualification requirement
We have received representations from Hindi Translators working under our Delhi R.O.
I and II on the above subject matter. Copies of the same alongwith the enclosures are
enclosed for your perusal.
Employees have mentioned in their representation that as per Department of Official
Language, Ministry of Home Affairs,post of Hindi Officers, Hindi Stenographers,Hindi
Translators,Hindi Typists were created in the year 1985 in our Industry.
Hindi Translator was a new post in our industry with educational qualification of
Graduation,they were appointed in the grade of Assistant with six additional increments
(four plus two graduation increments). Employees further represented that this
additional four increments clearly shows that Management recognized the Hindi
Translator not only a separate cadre but also a higher cadre than Assistant.
After Wage Revision of 2005 various Sr. Assitant grade and Assitant grade posts were
recategorised as Sr. Assistant and Assistant respectively. Due to redesignation as
Assistant employees feel that they have been downgraded and it is also a clear, blatant
and unconstitutional violation of terms of appointment as they were appointed as Hindi
Translator.
During the visit of Parliamentary Committee on Official Language to our Srinagar DO on
19/6/2006 it was pointed out by the Committee that the post is treated as technical post
requiring educational qualification of post graduation.
The translator is placed at the level of Assistant whose minimum required educational
Qualification is 12th passed. Not only this even stenographers who are placed one post
ahead of the translator required minimum educational qualification of 12th standard.
Pof. Ramdev Bhandari,Dy Chairman asked us to get resolved grievances of the
translator and see that justice is mad to all Hindi Translators working in New India
Assurance. Committee has also reminded of action to be taken on pending matter of
creation of /up gradation of separate cadre for Hindi Staff and the officers and see that
translator working in our Company are duly promoted as Hindi Officer and not diverted
elsewhere. They have also advised to upgrade the cadre upto Dy General Manager
level. We have also assured the Committee that the issue will be taken up with GIPSA
to resolve the grievances of these translators as well as creation of separate cadre of
Hindi Staff.
We now request you to discuss this issue in ensuing GM (P) meeting and let us have
your advice in this regard.
Thanking you.
Yours faithfully,
(N.TOPPO)
DY GENERAL MANAGER