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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