Chairman-cum –Managing Director, 25 May,2010

The New India Assurance Co Ltd, (NIACL)

87,M.G.Road, Fort, Mumbai-400001.

Sir,
Subject: Memorial against the unjustified orders against the appellant

The appellant, who has been unjustifiably denied his due post, pay & allowances including
increments and other benefits accruing upon his lawful post of Hindi Translator which he
holds by virtue of his appointment to the post w.e.f. 24.02.1988 (annexure 4) appointed by
an authority who occupied the post of Chairman of the NIACL suffers unjustifiably on
account of illegal & discriminatory orders by NIACL,Jaipur RO officials including
suspension order, Dated 10.04.2008, (annexure 5) Memoranda & domestic inquiries held
during 2008-09 under the GIC CDA Rules of 1975, (already repealed as per Board
resolution of NIACL Dated 19.05.2003) respectfully submits as under:

That CRM,NIACL,Jaipur ,S.S. Hira has issued two separate “orders ’’ Dt.
10.05.2010(annexure 2) and 17.05.2010 (annexure 3) respectively , confirming the
office orders Dt. 5.11.2009 (annexure6) and 16.11.2009 (annexure 7) issued by
Manager ,S.K.Kundra, NIACL,Jaipur ,(who is not the authority competent to issue
major penalty orders against a Hindi Translator, as per information disclosed to the
appellant by the General Insurance Corporation of India under the RTI Act ), under
two different signatures , without observing the office procedure of a making “note
sheet” (as officially disclosed to the appellant) ,but with reference to two different
Memoranda Dated 2.05.2008 (till date not served to the applicant by any stipulated
means or by any competent authority of NIACL ) & Dated 13.02.2008 (served by
registered post) respectively, containing common charges of “tempering (chhed-chhad
in Hindi) documents” against the appellant ,keeping the appeals Dated 1.12.2009 (sent
under speed post received by NIACL the next day of dispatch ) pending needlessly for
more than 150 days & later rejecting the appeal(s) seeking to justify the illegal and
perverse office orders of Manager who is not proper disciplinary authority to act
against a Hindi Translator (as per information of Rules disclosed to the appellant by
GIC of India ) and not properly qualified Inquiry Officer.

P(1) That, despite the common charge of “tempering documents”,which was based
on suspicions only as per the “note sheet” on which “ Memo “ had been issued , No
witness,ever,during the course of any domestic inquiry either deposed with any charge
of “tempering document” against the appellant,or produced a single sheet of paper
containing any “tempered document”.
(The translated proceedings, of domestic inquiry,word -by -word are enclosed herewith
in the annexure no.1 attached herwith) to substantiate the fact that neither the appellant
committed any act that may be called a misconduct nor any act of alleged misconduct
against him was reasonably deposed in the course of any domestic inquiry.

All the charges against the appellant use the words “malafide intentions” and “ulterior
motives” however,if you carefully study the Inquiry Officer’s Report,
Mr. Samaria, who does not keep advanced qualifications equivalent to the appellant
as he is merely an “associate” while the appellant is a “fellow” of the Insurance
Institute of India, presumes that it is “misconduct ” to move Hon”ble High Court to get
stay.
 Mandatory Rules of official language-1976 part of the official language
act,required to be strictly followed by NIACL, quoted by the appellant to enable him
opportunity of understand the perverse charges against him by issuance of
Memorandum in the language preferred by him is considered an “obstruction” in the
Inquiry Report of Mr Samaria .

P(2) It has been ignored that despite repeated requests, the appellant had deliberately
been denied not only the rules ,(that is ,bilingual CDA Rules,upto date, including
ciculars of amendments demanded by the appellant since 7.03.2008 ) but also the
complete inquiry report with annexure(s) had been denied, despite the information
supplied to him by all insurance authorities that inquiry report is considered complete
only with annexures attached therewith .

As per Information supplied to the appellant under the RTI Act,NIACL General
Manager ,N Tobden has stated in his bilingual reply Dated 23.09.2009 in response to
RTI application of the appellant:

…………6. The amendments are effective through circular.

In Hindi: “Sanshodhan pari patra ke jariye kiye gaye hain .”

Industrial Disputes Department of NIACL HO Mumbai has confirmed vide letter

Dated 9.11.2009 under ref. CORP:HRM:IDD:2009 issued by Chief Manger A.B.
DANGE under para 8 in response to RTI applications of the applicant that the same
may be provided .

However,IDD department of NIACL stated under RTI Act that action will be taken by
them only when concerned department brings the same to their notice..

P(3) That domestic inquiry Proceedings on 12.02.2009 at Ajmer office of NIACL had
lasted about 75 minutes,however the biased Inquiry Officer whose bias was already
brought to the notice of various authorities of NIACL, including Head Office, refused
to record the defence of the applicant.
The appellant had sent the recorded CD of the proceedings to the Central Vigilance
Commission vide RTI application Dated 9.03.2009 ,the CVC duly transferred the
application for appropriate action to the Head office of the NIACL. However,as per
reply under RTI issued under reference HO/CPI Cell/2009/06&07 Dated 22.04.2009
the information sought by the applicant was denied on the following:

“Information which would impede the process of investigation or apprehension of

prosecution of offenders”.

Since the prolonged process of all inquiries against the appellant has finally
been over, you are requested to listen the recording of proceedings which proves the
bias of Inquiry Officer who was obliged to record the defence of the appellant,but he
refused to hear the appellant and declared the inquiry closed abruptly.

P(4) That CRM Jaipur needlessly interfered in rejecting the repeated written
requests of the applicant since 7.03.2008 (vide letters Dt.10.07.2008 etc) with
reference to issuance of Memorandum,if any,in the bilingual or the language preferred
 by the appellant instead of forwarding the same to IDD department of HO NIACL.

The above fact obiviously points that CRM Jaipur had already made up his/her mind
to do injustice against the applicant & the domestic inquiry was an empty formality.

The appellant quotes from mandatory provisions of The Official Languages (Use for
Official Purpose of the Union) RULES, 1976 (As Amended, 1987)… (7). Application,
representations etc. – (3)
“Where an employee desires any order or notice relating to service matters (including
disciplinary proceedings) required to be served on him to be in Hindi, or as the case may
be, in English, it shall be given to him in that language without undue delay”.

“Memo” being the first document towards disciplinary proceedings is in

the nature of “notice”. L.I.C. Of India have informed the appellant under the RTI Act
vide their letter dt 14.11.2008 that (translated) “Memo/Charge Sheet may be issued in the
desired language of the employee, Hindi/English,in case of demand from the employee”.
GIC have clearly stated that it is mandatory to communicate the document under CDA
Rules in bilingual manner.
With reference to the (quasi) judicial language ,I quote ( HO/ RTI Cell/2008
Dated 11-03-2008) letter of Mr.N.K.Singh ,DGM NIACL to the appellant (extract)
“ in the event of interpretation,the English version shall prevail.”

Hon’ble Supreme Court has laid down: “A provision of a statute is either mandatory
or directory. Even if a provision is directory,the same should be substantially
complied with.” (Judgement made on 12.10.2007 arising out of Appeal . Civil
No.4843 of 2007)

The Department of Official Language,Ministry of Home Affairs have also issued letter
dt.6.07.2009 addressed to the Chief Regional Manager ,New India Assurance Co.Ltd,
Jaipur R.O.(with copy to the applicant) forwarding the instructions from Finance Ministry
Deputy Director dt.15.06.2009 addressed to all public sector insurance companies in
response to RTI application of the appellant to comply strictly with the Rules of Official
Language-1976,particularly its legal provisions.

CRM,NIACL Jaipur ,instead of following the instructions of the Ministry of

Finance, which he has been obliged to comply under the rules as NIACL is a Govt of India
owned Company, opted to deliberately defy the same ,to let the appellant suffer the
consequences of punishment ,by hook or by crook,compelling him to be entangled in the
legal process which may last for years.

P(5) Unjustifiably, cross- examination, considered a valuable right of

the defendent was never followed in any of the so called enquiries against the
appellant,there is no recording in any inquiry proceedings that any opportunity of cross-
examination of any witness had been provided to the appellant,however on the basis of
defective inquiry report,which omitted anything about cross-examination, Manager,
NIACL,Jaipur issued orders of punishment dt.5.11.2009 and 16.11.2009.

(The translated proceedings, of domestic inquiry,word by word are enclosed in the

annexure 1 attached herewith).
 It is supreme court ruling that no testimony is considered complete without
cross-examination,which had repeatedly been brought to the notice of various
authorities of NIACL, CRM, Jaipur, however has presumed in his order Dt. 17.05.2010
that opportunity was indeed given, without any reasonable ground of his perverse
presumption.

P(6) The appellant quotes from letter issued by Chief Manager,NIACL,

Mumbai,A.B .Dange issued under reference CORP:HRM:IDD:2009 Dated 8th October
2009 with reference to application of the appellant :

“ There is no provision for joint representation in the New India Assurance

Company Ltd (Conduct,Discipline & Appeal ) Rules-2003”

however,the appellant has been issued major punishment order(s) on the basis of joint
representations upon which charge sheet and/or Inquiry report had been based.

Inquiry report on the basis of which dismissal orders Dt.16.11.2009 confirmed

by the “order” Dt. 17.05.2010 of NIACL Jaipur RO have been issued against the
applicant includes consideration of joint representations of four witnesses on a single
page directed by the inquiry officer himself,
suo- moto,despite no opportunity of cross-examination to any of the four witnesses
accorded to the appellant. (order sheet extract Dt.25.09.2010).

Though no charge memo Dated 02.05.2008 has been delivered to the appellant as per
the stipulated procedure till date, yet it is obvious that the aforesaid memo was issued
on the basis of joint representations of several class 1 officers of NIACL Ajmer and
on the basis of such joint representation Dated 09/10.04.2008 by only a particular
class of employees that expressed apprehension that the appellant could also temper
with office documents,
(In Hindi they wrote,inter alia : “Humein shaq hai ki Shri Soni karyalay dastavejon ke
saath bhi chhed chhad kar sakte hain , translated: we suspect that Mr. Soni may temper
with other office documents too ) the appellant had been ordered under suspension
immediately (with effect from 10.04.2008 served on 11.04.2008) which has not been
revoked.
However, Manager as well as Chief Regional
Manager,Jaipur on behalf of NIACL issued repeated orders 5 Novemeber 2009, 16
Novemeber 2009 as well as 10 May 2010,17 May 2010 presuming that all charges
had been “ proved ”.

The appellant has been unable to find any reasoning in the aforesaid orders
except the inhuman and unjustified desire to humiliate,victimize and cause murder of
the career of the innocent appellant and let his suffer the consequences of unjustified
orders on behalf of NIACL .

P(7) It is submitted that the domestic Inquiry orders including suspension order
dt.10.04.08 had been issued in terms of the “General Insurance Conduct,Discipline and
Appeal Rules of 1975,however,NIACL,Jaipur issued order dt.16.11.2009 (copy enclosed
herewith) for dismissal in terms of New India Assurance Co. Conduct,Discipline and
Appeal Rules of 2003 ,thus,suddenly changing the service conditions of the applicant
workman without any prescribed notice as stipulated under the Industrial Disputes Act-
1947.

Similarly, order dt. 5.11.2009 for permanent reduction of 6 increment of the appellant has
been issued on similar violation of prescribed Act and Rules.

The appellant submits that Section 9A of the Industrial Disputes Act of 1947, provides;

" 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 [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 Defense
Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or
any other rules or regulations that my be notified in this behalf by the appropriate Government in
the Official Gazette, apply. "

In view of the aforesaid facts, all impugned orders ,that is , initiating the disciplinary
Inquiries,suspension order,Memoranda, Inquiry Reports, punishment orders, appellate
authoritie's orders etc. are requested to be declared void ab initio and the appellant be
ordered to be restored to his lawful post of Hindi Translator with all consequential benefits
and the difference of salary of the appellant since the month of April 2008 including all
perquisites and/or financial &Medical benefits including increments be released to him
at the earliest.

You are requested to do the needful in the matter within 15

days of receipt of this memorial failing which all liability
for consequential legal action including compensation
against illegal suspension and defamation of not only the
appellant but his wife and harassment of children of the
appellant lies upon you.

Yours Sincerely,

ShriGopal Soni (Tel.0145-2644106)

Hindi Translator,SRNo.24001,NIACL.
Res. C231,Panch Sheel Nagar,Ajmer-305004.
CC: For Information & necessary action:

1. Chief Regional Manager

The New India Assurance Co. Ltd(NIACL)
Tonk Road,Jaipur-302015.

2. Secretary to the Govt. of India,

Ministry of Finance (Insurance Division),
III Floor,Jeevan Vihar,Parliamant Street,
New Delhi-11001.

Encl. annexure 1: Proceedings of domestic inquiry

annexure 2: Order Dt. 10.05.2010
annexure-3 Order Dt. 17.05.2010
Annexure 4. appointment letter of the appellant
Annexure 5 suspension order
Annexure 6: punishment order Dt. 5.11.2009
Annexure 7: punishment order dt.16.11.2009

annexure 1: official Proceedings of domestic inquiry (translated from Hindi)

Note sheet/letter head:The New India Assurance company Limited

DO 330400 Shanti Mansion,Kotwali scheme Khailand Market,Ajmer.

Dt. 05/12/08 Camp Ajmer

At the outset Mr. Soni presented letter Dt. 05/12/08 which I received put initials with copy to Mr. Soni as
departmental enquiry started of Memo issued to Mr. Soni. We have already replied to Item 1 regarding
Hindi Translation in earlier proceeding Item no.79 Dt.21/08/08. Under Item No.2 regarding mention of
Investigator appointment reply is received of mediclaim investigation appointment of Mr. Rajesh
Choudhary advocate by Div Manager Ajmer. In which alongwith Mediclaim invetigation of Sick leave
and certificate is also stated to be instructed to Mr.Rajesh Choudhary,the copy of letter is provided to Mr.
Soni.But Mr.Soni objected that no separate appointment letter was given to Mr. Choudhary for
investigation of sick leave. Item No.3 Copy of CDA Rule which upto rule 26 was presented by Regional
Office was handed over to Mr. Soni,Mr. Soni objected that this is not last, therefore unto last be presented.
5. Item No.5 mentioned witnesses Mr. Soni was informed that there is no written deposition of
witnesses . Item No.6 mentioned sick leave certificate (as told by Presenting Officer) no other doctor”s
advice is taken regarding sickness. Item No.7-No vigilence enquiry is undertaken.As told by Presenting
Officer.
Item No.8- Presenting Officer told that no preliminary inquiry was undertaken. Item No.9-Mr. Soni was
advised to nominate defence assistant.
But nobody was nominated. Thereafter for witness of document Mr.Nigam presented First document of
application for casual leave Dt.20/06/07 which is marked P-1. 2.Application of extension of leave given
by Mr.Soni Dt. 21./06/07 by fax P-2. 3. sickness certificate Dt.25.06.07of Dr. Mukesh Mathur with letter
Dt.25/07/07 of Mr. Shri Gopal Soni on which is inscribed Mathur Homeopathic,opposite Bikaner
Mishthan bhandar copy sent by fax to company mark P-3 which Mr. Soni neither said yes nor said no.
4.Mr Soni said he was unable to tell any thing in the situation of absence of defence assistant
when Presenting Officer showed copies of letters Dt. 25/06/07,28/06/07, 04/07/07,06/07/07,
25/07/07,24/08/07 & 24.09.07 as witnessing to documents the one-one copies of which have been
provided in the previous enquiry. They were marked from P-4 to P-12. 5. when Presenting Officer
showed copies of sickness certificate and fitness certificate issued by Dr. Mukesh Mathur Mewada
Mension Sabji Mandi Kekadi Mr.Soni refused any comment.which were marked P-13 to P-15.
6.By presenting officer report of advocate with annexure-4 extra document total page 6 having received
by Mr. Soni was affirmative.Which was marked P-16. Presenting officer told there was no further
document to be presented at this stage and if needed he may present later.
After that PO presented for witnesses called by company Mr. Harichand,former Sr.D. Manager and
Mr.A.K.Mehra A.M. Jodhpur in which initially discussed with Mr. Harichand,former Sr.D. Manager
Ajmer about item no 4(in support of charge sheet) therein mentioned letter 25/06/07, 28/06/07,
04/07/07,6/07/07 25/07/07 24/08/07 and 24/09/07 shown admitted to be sent to Mr. Soni.And in relation
to a brief not written clarification Dt.05/12/08 presented to presenting officer. Except that no oral
testimony was given.No question asked by Mr. Soni.
By P. Officer Mr. A.K.Mehra AM Jodhpur Casual Leave on Dt. 20/06/07 for going to Jaipur Dt.21.06.07
admitted by Mr. Mehra casual leave sanction after recommendation of Head of Department. Dt. 21.06.07
a letter by fax was received from Mr.Soni in which he applied for extension of pre sanctioned
leave,admitted. Copy of written brief by Mr. Harichand 1 to 11handed over to Mr. Soni and
witness/document from company completed and it was advised to Mr.Soni to initiate witness enquiry
from his side in the next hearing.
Signature Initials Signature Under Protest
IO PO Hi Trans
Witnesses Signature 1.Signature of Mr.Harichand 2.Signature of A.Mehra with date 05/12/09

Dt. 12/02/09 Camp Ajmer D.O.

Defence case started about Memo issued to Mr.Shri Gopal Soni Departmental Enquiry. Copy of
translation in English was again demanded by Mr. Soni However letter Dt. 10/07/08 of R.O. in this
respect is already given. No witnesses have been present by Mr. Soni in defence. And neither said nothing
about defence of charges mentioned in charge sheet. And two letter Dt.12/2/09 No.1 and Dt. 12/02/09
No.2 given to me which were accepted acknowledgment copy given to Mr. Soni.
Directions issued to Defence case being closed due to no witness presented by Mr.Soni brief be prepared
and submitted by Presenting Officer.

No cross-examination is held as per Inquiry Procedure:-signature Hindi Translator

Signature Initials
IO PO

annexure 2: Order Dt. 10.05.2010 : rejecting the appeal Dt. 1.12.2009

The New India Assurance Co Ltd,
Regional Office:330000
Nehru Place ,Tonk Road,Jaipur-302015
TEL: Fax:

ORDER

I have before me Appeal dated 01.12.2009 submitted by Mr. Shri Gopal Soni,S.R. No. 24001, Assistant
(Translator), Ajmer Divisional Office (331400) Under Jaipur Regional Office against office order dated
05.11.l2009 passed by the Diciplinary Authority.
The said Appeal is preferred under Rule 31 of the New India Assurnce Co. Ltd. (Conduct, Discipline &
Appeal )Rules,2003 as amended.

On persual of the relevant documents on the case, I observe that Mr. Shri Gopal Soni was charged vide
Memeorandum dated 02.05.2008 for the following acts of commission and omission amounting to
misconduct in terms of the said CDA Rules,which were committed by him whilst working as Assistant
(Translator ) at Ajmer Divisional Office (331400) Under Jaipur R. O. during the year 2008.
(Translated charges :

(1). It is alleged that Mr. Soni ignored the legal orders/instructions of his superior officers & did not
comply them deliberately & malafidely & with ulterior motive.
(2). It is alleged that Mr. Soni malafidely & with ulterior motive tempers with important documents of
office during office time in the office premises. Further it is alleged that Mr. soni takes photo from his
Mobile phone of the important documents and other record of the office.
(3). It is alleged that various conducts of Mr. Soni malafidely & with ulterior motive for his selfish
interests presents evil/bad example before other workers of the organisation which is not expected from a
public servant (Company Personnel).).

Mr. Shri Gopal Soni did not submit any reply to the said Memorandum and therefore the Disciplinary
Authority initiated departmental Inquiry against Mr. Shri Gopal Soni. For this purpose, A.K. Samaria,
Branch Manager was appointed as the inquiry Officer.

On conclusion of Inquiry, the Inquiry Officer submitted his report dated 08.06.2009 with the findings that
all charges were found to be proved.

A copy of the Inquiry Report dated 08.06.2009 was provided to Mr. Shri Gopal Soni vide letter dated
19.06.2009 to enable him to make representation against the findings of the Inquiry Authority. Mr. Shri
Gopal Soni vide letters dated 27.06.2009 & 14.07.2009 desired certain documents/queries instead of
submitting his representation against the findings of the Inquiry Authority ,which were provided to him
vide letters dated 03.07.2009 & 13.08.2009.
On perusal of all the documents in the case,the Disciplinary Authority vide Office
Order dated 05.11.2009 had imposed upon him Major Penalty of “reduction of his present basic salary by
Six stages in his time scale permanently “ as provided under Rule 23 (e) of the New India Assurnce Co.
Ltd. (Conduct, Discipline & Appeal )Rules,2003 as amended, with immediate effect.
Being aggrieved by the said order, Mr. Shri Gopal Soni has preferred the instant
Appeal and requested therein to set aside the order of the Disciplinary Authority.

I have carefully examined the submissions made out by Mr. Shri Gopal Soni in his Appeal vis-a-vis all
the relevant documents of the case. I am satisfied that Mr. Shri Gopal Soni was given adequate
opportunity to defend himself following the Principles of Natural Justice. On perusal of the submissions
made out by Mr. Soni in his Appeal, I observe that Mr. Soni has more or less raised the same issues which
have already been raised in his letters dated 27.06..2009 & 14.07.2009 which were provided to him vide
letters dated 03.07.2009 & 13.08.2009 and now he has not raised any new and material issues. The said
points/issues had already been considered by the Disciplinary Authority while passing his orders. As
regards penalty imposed, I am of the opinion that the same is just and reasoanble and commensurate with
the gravity of charges proved.
Hence, on overall consideration of the facts and circulstances of the case, I do not find any
ground for reconsideration of the penalty imposed and accordingly, I hereby reject the Appeal dated
01.12.2009 of Mr. Shri Gopal Soni and uphold the order dated 05.11.2009 of the Disciplinary Authority.

(S.S. Hira) Chief Regional Manager APPELLATE AUTHORITY DATED: 10.05.2010

annexure-3 Order Dt. 17.05.2010 : rejecting the appeal Dt. 1.12.2009

The New India Assurance Co Ltd,

Regional Office:330000
Nehru Place ,Tonk Road,Jaipur-302015
TEL: Fax:

ORDER

I have before me Appeal dated 01.12.2009 submitted by Mr. Shri Gopal Soni,S.R. No. 24001, Assistant
(Translator), Ajmer Divisional Office (331400) Under Jaipur Regional Office against office order dated
16.11.l2009 passed by the Disciplinary Authority.
The said Appeal is preferred under Rule 31 of the New India Assurnce Co. Ltd. (Conduct, Discipline &
Appeal )Rules,2003 as amended.

On persual of the relevant documents on the case, I observe that Mr. Shri Gopal Soni was charged vide
Memeorandum dated 13.02..2008 for the following acts of commission and omission amounting to
misconduct in terms of the said CDA Rules,which were committed by him whilst working as Assistant
(Translator ) at Ajmer Divisional Office (331400) Under Jaipur R. O. during the year 2007.
(Translated charges:
1.It is alleged that Mr. Soni did not present himself for duty dt.26.06.2007 whereas the competent
authority had sanctioned him leave for 21.06.07 to 25.06.07 only.
Thus ,Mr. Soni remained unauthorised absent from 26.06.2007 to 31.07.2007.

2. It is alleged that Mr. Soni committed insubordination of various letters despatched to him,e.g.
dt.25.06.2007,28.06.2007,4.07.2007,6.07.2007 & 25.07.2007 and did not comply the lawful instructions
by Officers to report to duty deliberately malafidely and with ulterior motive.
3.It is alleged that the act of Mr. Soni to remain unauthorized absent from office malafidely and with
ulterior motive and to leave HeadQuarters without permission is against the Rules of the Company and
such act of Mr. Soni is clear example of defiance.

4.It is alleged that Mr. Soni malafidely and with ulterior motive for his selfish interests tempered with the
sick certificate issued by Dr. Mukesh Mathur,Mewara Mansion, vegetable Market,Kekari dt.25.06.2007
and presented it to office.)

Mr. Shri Gopal Soni replied to the said Memorandum vide his letter dated 07.03.2008 denying all the
charges. The reply filed by Mr. Shri Gopal Soni was not found satisfactory therefore the Disciplinary
Authority initiated departmental Inquiry against Mr. Shri Gopal Soni. For this purpose, A.K. Samaria,
Branch Manager was appointed as the inquiry Officer.

The departmental inquiry was conducted in accordance with the CDA Rules and the delinquent was given
full opportunity of presenting his case,submitting his documents,getting witnesses examined and
opportunity to cross examine the prosecuation witnesses. Hence the departmental inquiry was conducted
in accordance with the rules and regulations as well as principles of natural justice.

On conclusion of Inquiry, the Inquiry Officer submitted his report dated 06.03.2009 with the findings that
all charges were found to be proved.

A copy of the Inquiry Report dated 06.03.2009 was provided to Mr. Shri Gopal Soni vide letter dated
22.04.2009 to enable him to make representation against the findings of the Inquiry Authority. Mr. Shri
Gopal Soni vide letters dated 25.04.2009 & 26.05.2009 desired certain documents/queries instead of
submitting his representation against the findings of the Inquiry Authority ,which were provided to him
vide letters dated & 13.05.2009 & 22.07.2009.

On perusal of all the documents in the case,the Disciplinary Authority vide Office Order dated 05.11.2009
had imposed upon him Major Penalty of “dismissal “ as provided under Rule 23 (i) of the New India
Assurnce Co. Ltd. (Conduct, Discipline & Appeal )Rules,2003 as amended, with immediate effect.

Being aggrieved by the said order, Mr. Shri Gopal Soni has preferred the instant Appeal and requested
therein to set aside the order of the Disciplinary Authority.

I have carefully examined the submissions made out by Mr. Shri Gopal Soni in his Appeal vis-a-vis all
the relevant documents of the case. I am satisfied that Mr. Shri Gopal Soni was given adequate
opportunity to defend himself following the Principles of Natural Justice. The appeal preferred by Mr.
Shri Gopal Soni is contains various averments out of which some of them are out of context and have no
relevance to the departmental inquiry conducted against him. However,all the grievances raised by him
are being taken care of by me while deciding this appeal. The contention of Mr. Soni that Mr. Naresh
Arora, an employee of Oriental Ins. Co. who was sought by him to be appointed as Defence Assistant was
declined permission by then Dy. General Manager of Oriental Ins. Co.,Jaipur and thereafter subsequently
Mr. Suresh Kumar Srichandani,another employee of Oriental Ins. Co. who was sought by the appellant to
be appointed as defence assistant was again refused permission by the Oriental Ins. Co.,Jaipur for which
the New India Assurance Co. had no role to play. The Inquiry proceedings was conducted as per the rules
of the company and I find that the Applellant has cast false allegations on the inquiry officer which I find
has no merits. Shri Hari Chand,witness deposed his testimony on 05.12.2008 and subsequently the
delinquent did not ask any question to the witness which means opportunity to cross examine was
available to the delinquent which he did not avail. Thus the defence of not providing opportunity to cross
examine does not become available to the Appellant. The appellant has stated that the list of witnesses
included Sh. Hari Chand & Sh. A. K . Mehra however, the inquiry officer recorded the statement of Mr.
Harish Jatav and Mr. Naveen which was well justified because the charge- sheet in Annex. “d” clearly
stated that apart from two witnesses named any other witness could also be examined by the prosecution
if necessary.

Hence,the grievance raised regarding testimony of Mr. Harish Jatav and Mr. Naveen is not justified. After
the recording of the prosecution witnesses,the appellant was given an opportunity to get his witnesses
examined whereas he had no witness to depose in his favour. As per the charge –sheet the appellant was
absent from duty from 26.06.2007 to 31.07.2007 without prior permission and affect of which was taken
after passing of office order dtd. 16.11.2009 by the Disciplinary Authority therefore ,the contention raised
by him is devoid of merit regarding the above stated content of para no.12 of the Appeal.
The Disciplinary Proceedings initiated and conducted under General Insurance (Conduct,Discipline and
Appeal )Rules 1975 could not be held to be ab initio void as subsequently the Board of the Company vide
its resolution dtd. 07.04.2008 had resolved to replace the General Insurance (Conduct,Discipline and
Appeal )Rules 1975 with the New India Assurnce Co. Ltd. (Conduct, Discipline & Appeal )Rules,2003
and the said resolution was confirmed by the board in its meeting on 06.06.2008. Hence the inquiry was
well within the proper jurisdiction and in accordance with law and rules. I have carefully gone through the
complete contents of the appeal viz-a-viz the record of the case. In the appeal there are various
contentions raised which are devoid of merit and substance and yet I have given a careful consideration to
all of them and find no irregualrity in conducting the departmental inquiry the inquiry officer and further
in the act of the disciplinary authority in passing the order of penalty. The appellant was given full
opportunity to defend his case in full compliance of the Principles of Natural Justice and at no stage
prejudice was caused to him. The charges have been rightly found proved which are grave in nature and
therefore, the peanlty imposed is commensurate to the gravity of the charges.

Hence, on overall consideration of the facts and circulstances of the case, I do not find any ground for
reconsideration of the penalty imposed and accordingly, I hereby reject the Appeal dated 01.12.2009 of
Mr. Shri Gopal Soni and uphold the order dated 16.11.2009 of the Disciplinary Authority. Mr. Shri
Gopal Soni be informed accordingly.

(S.S. Hira) Chief Regional Manager APPELLATE AUTHORITY DATED: 17.05.2010

Annexure 4. Copy of 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 therafter 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

However,the aforesaid date should not be later than a fortnight to the acceptance of this letter.

2.(a) You will be on probation for a period of six months which may be extended at the discretion of
the Management.
(b) During the probationary period your services will be liable to be termination without notice and
without assigning any reasons by the Company.
 3. ****** ((applicable only to assistant (typist))

4.You shall be entitled to confirmation of services if you succeed by completing the probationary
period.

5. On confirmation of probationary period you shall be entitled to other allowances,e.g. Provident

Fund,Gratuity etc.

6.Increments in salary are not released automatically,they are based upon regular attendance,good
conduct,satisfactory work and performance and is subjected to other rules of the Company also.

7.While in the services of the Company,including probationary period you will be subject to the rules
and regulations of the company,including General Insurance (Conduct,Discipline and Appeal)Rules,as
are in force from time to time and carry out instructions given to you from time to time orally /in
writing.

8. During the probationary period if you leave/resign from the services of the Company,you are
required to give three full day’s notice in writing. In default company shall have right to deduct from
dues payable to you/recover from you directly an amount equivalent to three days salary.

9. On confirmation your appointment is terminable at any time by giving one month’s notice in
writing on either side without assigning any reason.

10..You are liable to be transferred from one department to another from the Companuy to any
subsidiary of the Corporation or from one place to another as and when required to do so.

11. The Company’s right at law to take any action against you and to recover the dues of the Company
from you and/or to claim damage from you and the rights of the like nature will not be affected or
deemed to be waived by any reference to the terms and condictions mentioned herein and they are
expressly reserved notwithstanding any specific mention herein of the rights of the Company.

12. You will have to undergo such training either during probation or any time thereafter as may be
prescribed by the Company.

13. Your appointment shall be subject to with effect from your reporting for duty. The appointment
letter shall be cancelled in the event of your not reporting for duty within a fortnight.

You may return the duplicate of this letter of appointment duly signed by you,to indicate
that you have accepted all the conditions mentioned in this letter.

Yours Faithfully,

(Rajendra Beri )
Deputy Manager/Regional Manager

******
I agree to the conditions stated above. Place Ajmer Dated 20.06.88 Day Monday Month June 1988
Signature of the Applicant
(words which have been deleted by the Company have been indicated*****)

Annexure 5 : suspension order

( upon reduced designation and upon the basis of repealed rules the definition of employee of which was
no longer applicable to applicant workman as on the date of issue.)

The new India Assurance Co Ltd

Regional Office: 330000
Nehru Place,Tonk Road, Jaipur-302015.

Tel. 2743367 Fax 0141-2743405

 Office Order

Whereas a disciplionary proceedings against Mr. Shrigopal soni,Assistant

(Translator),S.R.No.24001,posted at Ajmer DO (331400) is under progress and also further disciplinary
proceedings are contemplated.

Now,therefore,the undersigned,in exercise of powers conferred by Sub-Rule 1(a) of Rule-20 of General

Insurance (Conducts,Discipline & Appeal) Rules,1975,as amended till date,hereby places the said Mr.
Shrigopal soni,Assistant (Translator),S.R.No.24001 under suspension with immediate effect,pending
further action as provided in the said C.D.A Rules.

It is further ordered that during the period that this order shall remain in force,Mr. Shrigopal Soni,
S.R.No.24001 shall not leave the said headquarter without obtaining the permission of the undersigned.

It is further ordered that the said Mr. Shrigopal Soni, S.R.No.24001,wpuld be entitled to Subsistence
Allowance as prescribed
In Rule 21 of the above referred C.D.A.Rules.

Date: 10.04.2008 (B.P.Yadav)

Place: Jaipur Manager Disciplinary Authority

Annexure 6: Copy of order Dt. 5.11.2009

(violating the Industrial Disputes Act by changing the service conditions without prescribed notice:)

The New India Assurance Co. Ltd.

Regional Office: 330000
Nehru Place,Tonk Road,Jaipur-302015.
Tel.
Fax.

Office Order
Mr.Shri Gopal Soni(under suspension) S. R. No. 24001 while working as Assistant (translator) at Ajmer
D.O. committed certain misconducts/irregularity during the year 2008,in terms of The New India
Assurance Co.(Conduct,Discipline & Appeals) Rules,2003,as amended upto date and Memorandum dated
02.05.2008 conveying Article of Charges framed against Mr.Shri Gopal Soni was issued.

Mr.Soni did not submit any reply to the Memorandum dated 02.05.2008 and hence a domestic inquiry
was instituted by appointing Shri A.K.Samaria, Branch Manager and Shri Pravesh Nigam,Admn.Officer
as Inquiry Officer and Presenting Officer respectively.

Mr.Shri Gopal Soni did not appear for the enquiry proceedings inspite of various letters dt.23.07.2008,
28.11.2008 and 4.05.2009 informing about the adjourned dates of hearings of the enquiry but he did not
present himself on the adjourned dates of hearing. Shri A.K.Samaria after conclusion of ex-parte inquiry
proceedings,submitted his Enquiry report dated 08.06.2009 with the findings that all the charges were
found to be proved.

A copy of the said Enquiry report dtd. 08.06.2009 was provided to Mr. Shri Gopal Soni vide letter dated
19.06.2009 to enable him submit his representation,if any,against the findings of Inquiry Officer’s report.

Mr.Shri Gopal Soni,vide his letters dated 27.06.2009 & 14.07.2009 desired certain documents/queries
instead of submitting his representation against the findings of Inquiry Authority,which were provided to
him vide letters dtd. 03.07.2009 & 13.08.2009.

I have carefully gone through the Charge -sheet, Report submitted by the Enquiry Officer, record of
proceedings, papers/letters related to Enquiry and correspondence made with Mr.Shri Gopal Soni in
connection with the Enquiry and I am in agreement with the findings of the Enquiry Officer’s report that
all the charges framed against him stand proved.
 I find that Shri Soni is in the habit of disobeying the lawful orders of the superiors. Mr.Soni had refused
to accept Memorandum dtd.13.02.2008 issued to him even though he was present in the office. During
office hours he used to take photographs of various official documents /papers from his mobile phone. He
also caused hindrance in the smooth functioning of the office. Thus, Mr.Shri Gopal Soni has acted in the
manner,which is unbecoming of a Public Servant.

Thus,the misconducts/irregularities committed by Mr.Shri Gopal Soni are grave and serious in nature
and,therefore,I impose upon Mr.Shri Gopal Soni the Major penalty of reduction of his present Basic
Salary by SIX STAGES in his time scale permanently with immediate effect as provided under Rule
No.23 (e) of the New India Assurance Co. (Conduct,Discipline & Appeals) Rules,2003,as amended from
time to time.

Mr.Shri Gopal Soni who was placed under suspension vide Office Order dated 10.04.2008 will continue
to remain under suspension till the final decision in the Memeorandum dtd.13.02.2008 served upon Mr.
Soni is taken.

Mr.Shri Gopal Soni be informed accordingly.

Receipt of this Order be acknowledged by Mr.Shri Gopal Soni.

Place:Jaipur (S.K.Kundra)
Date:05.11.2009 Manager Disciplinary Authority

Annexure 7: Copy of order dt.16.11.2009

(violating the Industrial Disputes Act by changing the service conditions ):

The New India Assurance Co. Ltd.

Regional Office: 330000
Nehru Place,Tonk Road,Jaipur-302015.
Tel. Fax.

“Mr.Shri Gopal Soni(under suspension) S. R. No. 24001 while working as Assistant (translator) at Ajmer
D.O. committed certain misconducts/irregularity during the year 2007,in terms of The New India
Assurance Co.(Conduct,Discipline & Appeals) Rules,2003,as amended up to date and Memorandum
dated 13. 02.2008 conveying Article of Charges framed against Mr.Shri Gopal Soni was issued.

Mr.Soni has denied all the charges vide his letter dated 07.03.2008 and hence a domestic inquiry was
instituted by appointing Shri A.K.Samaria, Branch Manager and Shri Pravesh Nigam,Admn.Officer as
Inquiry Officer and Presenting Officer respectively.Shri A.K.Samaria after conclusion of inquiry
proceedings,submitted his Enquiry report dated 06.03.2009 with the findings that all the charges were
found to be proved.

A copy of the said Enquiry report dtd. 06.03.2009 was provided to Mr. Shri Gopal Soni vide letter dated
22.04.2009 to enable him to submit his representation,if any,against the findings of Inquiry Officer’s
report.

Mr.Shri Gopal Soni,vide his letters dated 25.04.2009 & 26.05.2009 desired certain documents/queries
instead of submitting his representation against the findings of Inquiry Authority,which were provided to
him vide letters dtd. 13.05.2009 & 22.07.2009.

I have carefully gone through the Charge -sheet, Report submitted by the Enquiry Officer, record of
proceedings, papers/letters related to Enquiry and correspondence made with Mr.Shri Gopal Soni in
connection with the Enquiry and I am in agreement with the findings of the Enquiry Officer’s report that
all the charges framed against him stand proved.

I find that Mr. Soni remained absent from office for period 26.06.2007 to 31.07.2007 and left the
headquarter Without getting prior approval of the competent authority. Mr. Soni had disobeyed the
instructions issued to him vide various letters dt. 25.06.2007,28.06.2007,4.07.2007,06.07.2007 &
25.07.2007 to join the duty. Mr. Soni had also temepred with the medical certficate dtd. 25.06.2007 which
was issued by Dr. Mukesh Mathur. Thus, Mr.Shri Gopal Soni has acted in the manner, which is
unbecoming of a Public Servant.

Thus,the misconducts/irregularities committed by Mr.Shri Gopal Soni are grave and serious in nature
and,therefore,I impose upon Mr.Shri Gopal Soni the Major penalty of ‘Dismissal’ from the services of the
company with immediate effect as provided under Rule No.23 (i) of the New India Assurance Co.
(Conduct,Discipline & Appeals) Rules,2003,as amended from time to time.

Mr.Shri Gopal Soni who was placed under suspension vide Office Order dated 10.04.2008 and his
suspension period is justified and hereby confirmed.

Mr.Shri Gopal Soni be informed accordingly.

Receipt of this Order be acknowledged by Mr.Shri Gopal Soni.

Place:Jaipur
Date: 16.11.2009 (S.K.Kundra) .
Manager Disciplinary Authority”