Académique Documents
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25/05/2017
Sir,
4. RC- 26(A)\ 1991 CBI Jaipur investigates the then cash theft
from NIACL office cash at Jaipur ; refers NIACL
for RDA major.
NIACL(CDA)Rules 2003
01.12.2010 GIPSA, an association of extremely rich and powerful
elite officials of the 4 PSU companies is successful in
obtaining stay orders to resist transparency and
accountability in Public Life upon an argument that it
is a loose association.
38. 5.12.2013 NIACL Head office files writ petition impleading the
workman as respondent in the Bombay High Court, to
deny access of information to workman challenging
the orders of CIC. The workman writes a letter to
21.03.2015
appointing authority of chairman,NIACL,the
President of India,the office of President of India write
30.11.2015
a letter to Bombay High Court, forwarding workmans
concerns. Assistant registrar, P. G. Cell replies that the
matter is sub-judice.
discretion in GIC
13.02.2009 RTI reply of NIACL informs realm of
pure discretion
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 at Jaipur NIACL
Enclosed:- Annexure(s) written submission of the chairman NIACL that workman is re-instated.
Annexure 1.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH ,JAIPUR.
S.B.Civil Misc Stay Petition No/2012
in
S.B.Civil Writ Petition No4007/2012
2. Presiding Officer,CGIT-cum-Labour
Court,Distt. & Sessions Court compound ,AJMER-
305001.
To,
The Honble Chief Justice and his
other companion Judges of the
High Court of Judicature at Jaipur Branch,
Jaipur.
MAY IT PLEASE YOUR LORDSHIP:
humble Petitioners
Through their councel,
(V.S. Yadav)
Advocate
IN THE HIGH COURT OF JUDICATURE
FOR RAJASTHAN AT JAIPUR BENCH
,JAIPUR.
(M.N. BHANDARI),J
(M.N. BHANDARI),J
26
F. NO.-RTI-11018/02/2009/Ins.II
Government of India Ministry of Finance
Department of Financial Services
_____ Jeevan Vihar Building,3rd Floor,
. Parliament Street, New Delhi- 100001.
Dated: 25.08.2009
To,
Sub: Application received under Right to Information Act 2005 from Sh. Gopal Soni. Ajmer
Sir,
Sh. Gopal Soni has desired 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 under the RTI Act.
Yours faithfully,
F. NO.-RTI-11018/01/2009/Ins.II
Government of India Ministry of Finance
Department of Financial Services
_____
Dated: 20.08.2009
To,
Sub: Application received under Right to Information Act 2005 from Sh. Gopal Soni. Ajmer
Sir,
Please find enclosed herewith a letter No. 12019/52/209/R.B. received by this section on
18.08.2009, in original,from the Department of Official Language, Ministry of Home affairs,
New Delhi regarding the captioned subject.
Sh. Gopal Soni has desired to know the correct and certified information regarding the
implementation of rules and sub-rules of the insurance companies for the sake of public interest
under the RTI Act.
Yours faithfully,
CC: Sh. Gopal Soni,C231, Panchsheel Nagar,Ajmer-305001 For information. You are
requested to pursue this matter directly with GIPSA.
28 Annexure -3 Shri Gopal Soni
29
http://courtnic.nic.in/rajasthan/kquarylobiscaseno.asp?id=get
Enquiry By Case Number
DISPOSED [ DISMISSED ]
(Shri Gopal Soni Vs. New India Assurance Co Ltd. & Anr.)
By the court:
Learned councel for the respondents submits that petition filed against the order
of transfer has become infructuous as subsequent to the order of transfer,order
of dismissal was passed and the same was maintained in appeal.
However, on memorial, punishment was reduced but the petitioner has not
joined the services. Looking to all these facts, no significance is now attached to
the order of transfer so as to press this writ petition.
Learned councel for the petitioner submits that so far as order of transfer is
concerned,it has lost significance in view of the subsequent development.
However,if the petitioner joins the services,it may be kept open for him to take up
the matter for denial of promotion if so desired.
I have considered the submissions made by learned councel for the parties.
(M.N.Bhandari),J.
31
IN
Shri Gopal Soni son of Shri Johari Lal Ji Soni, aged about 41 years,by caste Soni, resident of C-231,
Panchsheel Nagar,Ajmer.
Petiotioner.
V/s.
1. The New India Assurance Company Ltd., through its Regional Manager, 2nd Floor, South Block,
Nehru Place, Tonk Road, Jaipur.
2. Chairman & Managing Director, The New India Assurance Company Limited, Head Office, 87, M. G.
Road, Fort, Mumbai- 400001.
Respondents
APPLICATION UNDER ARTICLE 226 (3) OF THE CONSTITUTION OF INDIA FOR VACATION OF THE EX- PARTE
INTERIM ORDER DATED 30.7.2006,PASSED BY THE HONBLE MR. JUSTICE P.S. ASOPA WHEREBY THE OPERATION OF
Shri Naryayan Roy and his other companion judges of the High Court of Judicature for Rajasthan at Jaipur Branch,
Jaipur.
The humble answering respondents,most respectfully beg to submit the present application, as under:-
1. That the petitioner has filed the present writ petition challenging
from Ajmer to Gulabpura which is not beyond 150 Kms from the
the company and it is the right to the employer to transfer an employee and
on the other hand no employee can claim to remain at the place of his choice
and for an unending period. The petitioner has also made false averments
that he was transferred on a lower post is also contrary to the facts of the
case as the post of Hindi Assistant and the Hindi Translators in the past have
been given promotion on the post of Senior Assistants and the case of the
petitioner was also considered for promotion in the year 2003 as well as in the
32
year 2006 and he was not found suitable which he has concealed in the writ
petition and on the other hand made averments that the persons junior to him
such as Ram Babu Gupta given promotion on the post of Senior Assistant
3. .
Your Lordships,
Humble respondents,
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 Officers 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
Officers 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.
Place:Jaipur (S.K.Kundra)
Date:05.11.2009 Manager Disciplinary Authority
35
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 Officers 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
Officers 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.
Place:Jaipur
Date: 16.11.2009 (S.K.Kundra) .
Manager Disicplinary Authority
36
Annexure 7
The New India Assurance Co. Ltd,Mumbai (H.O.)
ORDER
I have before me Memorial dated 25.05.2010 submitted by Mr.
Shrigopal Soni,S.R. No. 24001, Assistant ***(now dismissed),Ajmer
DO under Jaipur RO against two Orders dated 10.5.2010 and 17.5.2010
passed by the appellate authority*** in two separate disciplinary
proceedings initiated against Mr. Shrigopal Soni. I find that Mr. Soni has
submitted a single Memorial against two Penalty Orders issued to him.
The said memorial is preferred in terms of the Rule 40 of the New India
Assurance Co. Ltd. ( Conduct,Discipline & Appeal ) Rules,2003 as
amended.
On scrutiny of the all the relevant documents pertaining to both the
disciplinary actions against Mr. Soni,I observe as under:
Case I Charge Sheet dated 13.2.2008 Unauthorised absence
Mr. Shrigopal Soni,while working as Assistant (Translator ) at Ajmer
DO 331400 under Jaipur RO during the year 2007,committed certain
acts of commission and omission amounting to misconduct in terms of
the CDA Rules. Mr. Soni was issued Memorandum dated 13.02.2008 for
the following irregularities:
1. Shrigopal Soni did not attend office on 26.6.2007
whereas casusal leave was granted by the Competent Authority
from 21.6.2007 to 25.6.2007 to him. Thus Shri Gopal Soni
absented himself from 26.6.2007 to 31.7.2007 without prior
permission from Competent Authority.
2. Mr. Shrigopal Soni did not obey and flouted directions under the
rules of superior officers deliberately with malafide intentions and
ulterior motive which were communicated to him to report on
duty through many letters dated 25.6.2007,28.06.2007, 4.7.2007,
6.7.2007 and 25.7.2007.
3. The conduct of Mr. Shrigopal Soni absenting himself from office
with malafide intention and ulterior motive leaving the Head
Quarters without prior permission from the Competent Authority
is violative of the Company rules and the act is clear example of
defiance.
4. Mr. Shrigopal Soni with mjalfide intention and ulterior motive
following his personal interest tampered with the Sickeness
Certificate dated 25.6.2007 issued by Dr. Mukesh Mathur,
Meawara Mansion,Subzi Mandi,Kekri and;submitted in the office.
Mr. Soni did not submit any reply to the memorandum ***
and hence, a domestic inquiry was instituted against him by
appointing Mr. A. K. Samaria, Branch Manager as Inquiry
Officer to look into the charges leveled against Mr. Soni.
(page 3)
Mr. Shrigopal Soni did not attend inquiry proceedings
inspite of giving him sufficient opportunities and therefore, the
inquiry officer concluded the inquiry as Ex- parte and
submitted his report dated 8.6.2009 with the findings that all
the charges were found to be proved.
A copy of the said inquiry report was furnished to
Mr. Soni vide letter dated 19.6.2009 to enable him to make his
representation against the findings of the inquiry officer. In
response, Mr. Soni submitted his letters dated 27.6.2009 and
14.7.2009 demanding certain documents/queries instead of
submitting his representation as called for. However, he was
provided with the documents vide letter dated 3.7.2009 and
13.8.2009.
The Disciplinary Authority on due consideration of the
case concurred with the findings of the Inquiry Officer and
observed that Mr. Soni used to take photographs of various
official documents from his mobile phone and caused
hindrance in the smooth functioning of the office and thus Mr.
Soni acted in the manner unbecoming of the public servant.
The disciplinary authority also found that Mr. Soni is in the
habit of disobeying lawful orders of the superiors and he had
refused to accept Charge Sheet dated 13.2.2008 issued to him.
Looking to the gravity of the misconduct proved,the
39
By Speedpost/UPC
Dt. 22.06.2011
Dear Sir,
Yours faithfully,
(S.S.Hira)
Chief Regional Manager
encl:a/a
42
It has been reported that till date you have not reported for
duties at Ahmedabad R.O.. As such,we once again offer you the
last opportunity to report for duties within 7 days of receipt
of this letter,otherewise the decision taken by the authority
vide order dated 09.06.2011 and our letter dated 22.06.2011
conveying you report for duties will stand withdrwn. The matter
will not ben reviewed further,which please note.
Thanking you,
Yours faithfully,
(S.S. Hira)
Chief Regional Manager
Annexure- 9 43