Commitee Of Parliament On Official Language, 21/3/2018

11, Teen Murti Marg, New Delhi, 110011

C/o

Department of Official. Language, NDCC-II. Building, 4th Floor, Jai.

Singh Road, New Delhi-1

Madam/Sir,

I have tweeted the following reply to our hon'ble Prime Minister (PM) on twitter:-

Most of the #whistleblowers in India who dare write #RTI have to sacrifice their life or livelihood for the
sake of transparency or accountability including me. Status quo of exemption of #CBI continues.

pic.twitter.com/JOBEZpO7lr

regards,

Shri Gopal Soni,

C-231, Panchsheel nagar.

Ajmer-305004

contact no. 9414982395

P. S. I have no e-mail address of the Commitee Of Parliament On

Official Language, kindly forward to them my concerns,under intimation

to me.

regards,

Shri Gopal Soni,

https://twitter.com/revribhav
 IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

CIVIL WRIT PETITION NO. OF 20...

IN THE MATTER OF:-

Sri ShriGopal Soni………………………….Petitioner

V/s

New India Assurance Co. Ltd & Ors……..Respondents

PAPER-BOOK

FOR INDEX KINDLY SEE INSIDE

 INDEX

SL NO. PARTICULARS PAGE S

1. Synopsys and List of Dates B1 to B7
2. Writ Petition 12.12.2012 update 30.09.2015 1 to 31
Affidavit 30.09.2015
3. Annexure P/1 Letter to GIPSA from NIACL 32-33
Annexure P/2 Order for deleting GIPSA 34-35
Annexure P/3 Petitioner’s application Hindi Officer 36-37
Annexure P/4 Text of appointment letter as Hindi 38-39
Translator
Annexure P/5 Letter from Ministry of Finance 40
restricting transfer of class III employees 150Km
Annexure P/6 Text of Stay Application,stay orders 41-47
Annexure P/7(a) No delegation of power 48
accorded to NIACL or GIPSA
P/7(b)Transfer cannot hurt status 49
Annexure P/8(a) CIC notice video conference 50
Annexure P/8(b) CMD Order 9.6.11 51-53
Annexure P/8(c) respondent no.4 refuses 53
Annexure P/9 High court Bombay writ extract 54-56
Annexure P/10(a) CVO reply to CVC 19 57
January 2009
Annexure P/10(b)CVC memorandum 58
29.4.2008
Annexure P/10(c )Cash handling function 59
Annexure P/11(a) Notification of TMP 60
Annexure P/11(b) 5.06.2007 transfer order 61
Annexure P/12 CVO e-mail congratulate 62
AnnexureP/13(a) Representation e-mail 63
AnnexureP/13(b)Full stop to your legal 65
AnnexureP/13(c) e-mail No need corruption 66
AnnexureP/14 representation 24/2/15 67-69
AnnexureP/15 CPI Cell order quotes SC 70
AnnexureP/16 Suspension orders vis-a-vis 71
 B-1

SYNOPSYS
The humble petitioner is pitted in unequal war due to red-tape between
artificial corporate entity & a legal non entity ;an innocuous order issued on
5.06.2007 changed the destiny of the petitioner,annexed herewith as
Annexure P/11 page 61.

Post Hindi Translator Assistant / Sr. Asstt.

Nature of work Translation (to comply
with official language
rules, 1976)
Minimum qualifications Graduate with ii class
in keeping with DOPT Hindi as a subject
norms alongwith English at
graduation
Nature of work Specially appointed
Pay scale Pending with GIPSA
All clerical work
including that of record
clerk
Higher secondary, non-
matriculate employees
are also promoted
clerical work
Well defined

That because of above the petitioner can neither be an assistant nor a senior
assistant. Around 1988 the PSU insurance companies were fairly transparent
without RTI ,because there was GIC control, presently the NIACL officials incite
propaganda with impunity against the petitioner because their regulator (GIPSA)
itself is non- transparent and accountable to none.

Ministry of Finance From DFS Union of India direction

F. NO.-RTI- dated to GIPSA
11018/02/2009/Ins.II 25.08.2009 Being regulator of the public sector
insurance companies, GIPSA is
requested to examine the issue raised
by Shri Gopal Soni
11018/01/2009/Ins.II 20.08.2009 As above

That in keeping with the culture of impunity prevailing in both NIACL

and GIPSA the elite of GIPSA/NIACL allow themselves indemnity that
except personal fraud none of them shall ever be accountable:-
Every person being Chairperson, Secretary,Executive,Officer or Staff of
the association* …shall at all times be indemnified and saved harmless
out of funds of the association** from and against all actions, suits,
claims, demands,costs, losses,damages and expenses …in execution of
their power of duties. *GIPSA **Public money
 B-2

Though the correct law as per the CPIO of Supreme court is:- It is
beyond the jurisdiction and scope of the duties of the CPIO, Supreme
Court of India under the Right to Information Act,2005 to interpret the
law, judgments / orders of this hon’ble court or any other court…

However, NIACL’s hate statements against the petitioner cross the

limits to interpret not only the high courts but also the Hon’ble apex
court in the garb of RTI orders. One of the orders is annexed herewith
as Annexure P/15, page no.70

A humble Translator,who never filed any litigation against any

one,nor ever defended any criminal charge; has been forced to seek
justice to save his lawful post, suffered suspension without any material
while NIACL,a frequent litigant in every court of India’s senior most one
was put to suspension on corruption charges. Annexure P/16 page 71

That it is the settled law of apex court that when an employee ,by reason
of of an alleged misconduct,is sought to be deprived of his livelihood the
procedure laid down under sub-Rules are required to be strictly followed.
(Mathura Prasad Vs Union of India). Humble petitioner is more qualified in
terms of insurance qualifications than the key players of NIACL who saw
to it that public resources are lavishly spent .

NIACL officer Insurance Association

qualification
1. Salary roll No.20676 Licentiate; ( repeatedly Executive committee
the then in-charge used advocate-cum-
respondent No.4 investigators to destroy
2007-08 petitioner’s career)
2.Salary roll No.18738 Associate,
Investigation-cum- (he asked written brief
enquiry officer from above no.1)
3.Salary roll No.15287 Associate,
The then In-charge of (ignored suspension of
about 620 employees any bribe takers of
Region Office Jaipur NIACL )
{photo page no.28 }
member of bribe
taker’s association
2008-09
A member of bribe
taker’s association
2009-11
Perceived patron of
bribe taker’s
association

Knowledge of subject of insurance consists the following qualifications:-

Qualification awarded by Insurance Institute of India

1. Licentiate Basic insurance qualification
2. Associate Average insurance qualification
3. Fellow Advanced insurance qualification
 B-3

Rule/law/post of petitioner are playfully

distorted,altered on behalf of NIACL:-

NIACL order/report Rules/Policy Petitioner’s

Post
Appointment order GICDA rules Hindi Translator
w.e.f. 24.02.1988 1975
Transfer order Transfer Mobility Assistant
5.06.2007 Policy (TMP) Though prior notice
notifies “translator”
April 2008 Suspension GICDA rules 1975 Assistant

January 2009 report No rule 3 times emphasized

CVO , NIACL to CVC disclosed petitioner is Hindi
Translator
November 2009 NIAC CDA Assistant
Penalty of dismissal etc. rules 2003
June 2011 NIACL NIACL CDA Assistant
chairman order rules 2003
Transfer order 22.06.2011 no rule / policy Hindi Translator

Petitioner ,keeping the advanced insurance qualifications of being a Fellow of

the Insurance Instt. of India was the only Hindi Translator in the Jaipur regional
office (R.O.) of respondent no.1 as on 5.06.2007 . “Presently there is no Hindi
Translator working in our R.O. “ As on on 31 July 2015 reply by Regional
Manager, Jaipur. LIST OF DATES

S.No. DATE EVENT

1. 1980’s Hindi Translator post introduced in the GIC public
sector companies to implement the Official Languages
act 1963 HD/C-1-5/88
28 .01.88 Duties of Hindi Translator issued by NIACL
2. 24.02.1988 Petitioner appointed on mandatory qualification
of second class graduate, a class-1 officer’s
minimum qualification is graduate in LIC/GIC
3. 13.06.1988 Appointment order issued to petitioner ; pay
start six increments higher to assistant, as it was
a new post a separate pay scale remains awaited
 B-4

4. 31.10.1991 If a Hindi Translator seeks transfer as Asstt. he

OICL should be asked to forego additional increments..

5. 02/2001 Petitioner reaches stagnation of pay scale.

Henceforth increments after two years…
6. 29.09.2003 Petitioner discriminated 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 Petitioner’s notice-cum-representation seeking
justice to hindi translators
9. 5.06.2007 Petitioner issued transfer order on behalf of
NIACL signed by respondent no.9
10. 30.07.2007 Rajasthan High Court grants stay order upon
above (9).S. B. Civil writ petition no. 4575/2007
10. 30.08.2007 NIACL RTI reply: A Non Matriculate employee
cannot be promoted as Hindi Translator.
12. 24.09.2007 Petitioner 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…
13 11.10.2007 Respondent no.5 raises the alteration in name of
hindi translators; letter to NIACL
14. 16.1.2008 Assurance given by respondent NIACL to
respondent no.5 to investigate change in the
name of post of Hindi Translators.
15. 24.02.2008 Ministry of Finance Office Memorandum that

Reminder* NAME of Official Language posts shall be same

2.05.2013 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 Suspension order issued* against petitioner ,
altering his post to that of “assistant”
B.P.Yadav*,manager informs that Rule 1(3) of
14.05.2008
GICDA Rules1975 is enforceable to petitioner
18. May 2008 - Uncalled for NIACL messangers rushed to home,

1,2,12,20,21... petitioner’s protest dismissed scoffingly.

 B-5

19. 10/3/2008 NIACL written affidavit to respondent No.6:- it

to is a state under article 12 of the constitution of

India; petitioner was initially appointed on the
21/10/
post of hindi translator; regularized on the post ;
2011***
post was created to implement the provisions of
Rajbhasha Act 1963 ; Reply to grounds:
The petitioner is definitely holding the post of
Hindi Translator; petitioner can further be
promoted to the Officer cadre..
20. 14/11/2008 LIC to petitioner:- 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. On 25/09/08*
etc. above ethics ignored by NIACL
21. 10/12/2008 CIC records NIACL respondents F. No.CIC/ AT
/ A/2008 /00535 to deny RTI :- “Appellant’s
purpose is only to cause harassment and loss to
the public authority. He cannot be allowed to
carry on his activities.”

22. 11/02/09 Bribe taking reported at Jaipur NIACL,no one

put to suspension.RTI reply to petitioner :-
“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,Investigation
officer 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. Petitioner represents above to
NIACL. The said report remains denied.
 B-6

26. 14.05.2009 RTI to CVC reveals petitioner that his complaint was
sent for necessary action to CVO,NIACL on 29/4/2008

27.06.2009 A. R. Sekar’s order: RTI transferred by National

27. 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 Petitioner communicates NIACL authorties :-
“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
5.10.2009
the delinquent employee at his home by the messanger.
RTI reply of NICL
30. 5.11.2009 Ex-parte penalty presuming that petitioner charge
sheeted on NIAC CDA rules2003 :Permanent Reduction
of 6 increments. Lack of ethics S. No. 19, 28-29 above
31. 16.11.2009 Dismissal penalty order presuming that petitioner
charge sheeted on NIAC CDA rules2003 .Advocate was
paid public money ; note sheet not prepared
32. 19.05.2010 RTI to apex court that egregious corruption has eroded
public confidence,forwarded by Add. Registrar to NIACL

33. 25.06.2010 Final department appeal called “memorial” inter alia, post of the
applicant workman,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 S.No. 30 &
31 above to petitioner issued to NIACL by Asstt. Labour
Commissioner (Central),Ministry of Labour,Ajmer
36. 21.04.2011 Petitioner receives e-mail reply from respondent no.1:-
I do not say that there is some merit in some of your
arguements. Every human being would have been
subjected to some sort of injustice at some time or
the other… This is my reply without the authority os DGM.
30.05.2011 Dept. of Official Language,Ministry of Home takes
37. cognizance of petitioner complaint 10.5.2011 about
protection to corrupt officials NIACL,forwards to DFS.
 B-7

38. June 2011 The chairman order sets aside the NIACL
penalties of 11/2009 however,his order consists
of fallacies & arbitrary penalties; e.g.transfer as
punishment.Omits post of Hindi Translator
39. Transfer order by NIACL though earlier transfer

22.06.2011 order 5.06.2007 is neither withdrawn nor set

aside. Industrial disputes proceedings continue.
40. 15.07.2011 Petitioner’s RTI 29.6.11 forwarded by CVC,
NIACL informs :- In case of Memorial…no time
limit… It is a Mercy Petition before the
Chairman-cum-Managing Director. (Petitioner
comment:- the so called CDA rules of NIACL are
elevated beyond the constitution of India).
41. 10.08.2011 Petitioner’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.
43. 30.08.2011 Failure report of conciliation proceedings
between NIACL & Petitioner issued by ALC,
Ajmer to Ministry of Labour,Delhi.
44. 12.10.2011 Petitioner is otherwise employee of respondent
insurance company, Rajasthan High Court
interim order in S. B. (c) Writ Petition 14838/10
45. 21.10.2011 Petitioner’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 petitioner’s advocate
46. 3.11.2011 Reference Industrial Disputes Act to C.G.I.T.
Ajmer (respondent No.7) by Union of India for
adjudication within time limit of 3 months.

1.12.2011 Statement of claim before the C.G.I.T. Ajmer,

47. filed by petitioner in the hope of timely justice.

9.01.2012 DFS letter to Chairman NIACL on petitioner’s

48. complaint :-“encouragement to corruption &
denial of hindi officer post discriminately”
 B-8

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
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 Stay orders of Rajasthan High Court secured by

&30.07.2012 NIACL to challenge Central Govt. Order of

adjudication reference Para10 of writ petition
52. 7.05.2012 NIACL CDA rules in Hindi not available at Jaipur:
informs to comply CIC order 19.04.2012

53. 8.08.2013 RTI reply NIACL :-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 P. K. Sahu,CPIO NIACL declines access to petioner’s
access to Information arguing:-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 petitioner “there is no doctrine of pure discretion in
GIC 13.02.2009 RTI reply of NIACL
informs “realm of pure discretion”
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
57. 17.07.2015 Competition Commission of India directs Opposite
Parties (4 GIPSA insurers) to cease and desist from
indulging in practices which have been found to be
manipulative; penalty of Rs 251.07 crore on NIACL
 B-9

A List of abbreviations in the writ petition-

Abbreviation Status upto GIC Present status

control
Union of India DEA: Department of DFS:
,Insurance Economic affairs Department of
division Delhi Ministry of finance Financial services
NICL A subsidiary of A GIPSA company
(National Insurance required to follow
GIC
Co. Ltd) directions of
Central Govt.
OICL As above As above
(Oriental Insurance
Co. Ltd)
NIACL As above As above
(The New India
Assurance Co. Ltd)
UIICL As above As above
(United India
Insurance Co. Ltd)
LIC Not applicable Its rules and
(Life Insurance regulations are
Corporation of India)
duly notified
GIC OICL,NICL,NIACL, A hidden member
(General Insurance UIICL subsidiary of GIPSA
Corporation of India) companies
GIPSA It’s object Link between
(General Insurers are,inter alia to DFS and GIPSA
Public Sector disseminate
Co.s
Association) information,
Recommends/
develope good
transfers
public relations. officers in-
Deliberately Suppressing it’s between 4
GIPSA*
unregistered to allow
objects secured co.s,recommends
it legal advantage that promotion,wage
Court stay to
it cannot be sued revision of
access to Co.s(*including
“information” GIC) employees.

TMP (Transfer No Class wise in 4

Mobility Policy) GIPSA Co.s
 B-10

Alarming inequalities:- Impossible demand of

money from petitioner on behalf of NIACL:-

NIACL orders to petitioner RTI/date Amount of

to pay for information reference money

Appeal No.0133/2007-08 A.R.Sekar G.M. 10.03.2008 Rs.34000/

Appeal No.0126/08 V. Jayaprakash,G.M. 3.08.2008 Rs. 13000/-
CORP :HRM:SKS:2008 Atul SahaiChief Mgr 10.09.2008 Rs. 65000/-
As above R.K.Uppal Chief Mgr 8.09.2008 Rs.26000/-
CORP :HRM:CLASS1CELL:2008 AtulSahai 28.01.2008 Rs.15000/
ChiefMgr
CORP :HRM:CLASS1CELL:2008 AtulSahai 24.01.2008 Rs.34000/
ChiefMgr

On the other hand resourceful GIPSA -NIACL officials invoke a

citizen’s Right to Information as corporate incarnate;. e.g. one S.
S. Hira, salary No. 15287 sought information from Central Board
of Direct Taxes on 13.10.2009 regarding income IT/TDS challan,
trading account, Audit report etc in respect of 4 persons. On
behalf of NIACL second appeal was preferred against the Central
Govt. It was heard on 3.01. 2011 by Central Information
Commission (Appeal No. CIC/ LS/ A/ 2010/ 001130DS) .The
Chief Manager who secured iii rd party disclosure in the course of
his official duty is promoted as Dy. General Manager,NIACL.

That the secret rules on account of which petitioner has been

awarded penalties of dismissal etc. were neither accessible in any
public domain nor in any printed booklet as on November 2009.
Article 11, Paragraph 2 of the Universal declaration of Human
Rights provides that no person be held guilty of any criminal law
that did not exist at the time of offence.
Hence the Writ Petition …

(PETITIONER-IN-PERSON)