Citizens' Issues
Indian Oil whistleblower hasn’t received HC-ordered compensation yet; drain on company still unchecked

Delhi High Court had rebuked the CVC for harassing MK Tyagi, who exposed the drain on the public exchequer. But the Court order has not been implemented as yet

The Whistleblower's Bill is under the consideration of Parliament, to protect and reward those who expose corruption. But over the years, the government has shown little concern towards those who have sounded the alarm. Satyendra Dubey and Amit Jethwa became big names only after their death. But one other successful whistleblower has yet to be restored his dues.

Former Indian Oil Corporation chief sales manager and IIT alumnus MK Tyagi made headlines last year, when he won a case in the Delhi High Court, in which the Central Vigilance Commission (CVC) was rebuked for harassing him and the Court directed that he be compensated.

The High Court asked the CVC to compensate Mr Tyagi with a payment of Rs22,000 for the delay in the letter to Indian Oil Corporation (IOC) to release his promotions and to pay him Rs30,000 by way of costs of his petition. But Mr Tyagi has not received his promotion letter, and Indian Oil's losses have not stopped.

"The Delhi High Court order of 5 August 2010 vindicated my exposure of loss of Rs99,000 per month till the year 2014 to the public exchequer, by Indian Oil. But the loss is still continuing, thereby nullifying my efforts. In spite of the observation of the High Court, Delhi police has not filed a factual report under section 173(8) of the Criminal Procedure Code, 1973, to prosecute the then chairman MS Ramachandran for swindling public money," Mr Tyagi told Moneylife.

Despite Mr Tyagi's victory, his fight hasn't grabbed eyeballs. The company has refused to implement the CVC order, while the IIT alumnus association has not offered him support either. While the association had voiced vehement protests against the murder of Satyendra Dubey, another IIT alumnus, it has not extended any cooperation to Mr Tyagi.

Indian Oil senior officials were interested in supplying paraffin wax to a private company and supplying free equipment worth Rs15 crore to another company in Karnataka, both of which Mr Tyagi refused to sanction. Three promotions were withheld and Mr Tyagi was transferred from Mumbai to Bangalore, after he complained about the corrupt practices of the general manager MS Ramachandran in December 1999. In May 2000, Tyagi wrote to the CVC about his transfer and sought appropriate action against the "corrupt officers".

The CVC issued a letter to his company, saying that his promotions should not be withheld, and it put a stop to the official inquiry that was being conducted, accusing Mr Tyagi of making false allegations against his senior. While the IOC closed the proceedings against Mr Tyagi, it warned him not to expose such corrupt practices again and he was not called to give his testimony.

When Mr Tyagi evoked the RTI Act to get information about how much IOC was spending on the case monthly, the then chief information commissioner refused to provide him with the documents. Also, his superiors got away with a trifling penalty in the CVC case.

When Mr Tyagi approached the Delhi High Court, the ruling went in his favour. Yet, for all his troubles, neither has the then information commissioner MM Ansari (he is now an interlocutor for Kashmir), nor have his company superiors been punished. Mr Tyagi has also written to the prime minister and the home minister, but nothing has happened.

Mr Tyagi says, "In line with the CVC's advice dated 31 March 2005 to the then chairman, Sarthak Behuria, Mr Behuria had taken a decision to release my withheld promotions as out of court settlement of WP-29013 of 1998 & WA-1470 of 2005. But the decision has not yet been implemented, to wear me out. On top of everything I was called corrupt by the then information commissioner MM Ansari and I had to file a criminal defamation suit."

Mr Tyagi is disappointed by the entire experience. "In India, the corrupt are awarded, while the honest are punished. A whistleblower is eliminated, so it is to be seen how long I will continue my fight against corruption," he said.

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COMMENTS

M K TYAGI

6 years ago

Mr M S ramachandran, the then Chairman was given vide D.O.No C-13015/15/2002-Vig dated February 28,2005 DISPLEASURE OF GOVERNMENT for cautioning me not to expose corruption in future thus having proved proverb-BOSS IS ALWAYS RIGHT, DARIA ME REH KAR MAGARMACH SE KYA BAIR- wrong. Can any Indian justify such victimisation of WHISTLEBLOWER ?

REPLY

Babubhai Vaghela

In Reply to M K TYAGI 6 years ago

Secret letter of displeasure, obtained through RTI, Govt issued to then Chairman IOC MS Ramachandran. https://docs.google.com/viewer?a=v&pid=e...

SAROJ

6 years ago

On 17-09-2005 out of court settlement was decided because there was no NOTIFIED PROMOTION policy as is evident from indianoi affidavit in 1995 in Andhra high court as well as PRIME MINISTER OFFICE letter no DPG/PMO /2008 dated 29-01-2009. This decision has not been implemented because IndianOil wants to continue loss of Rs 99000 per month and favour SRAACL by the same amount for obvious reasons

REPLY

Babubhai Vaghela

In Reply to SAROJ 6 years ago

Public Grievances Prime Minister Office Letter dated 29 January 2009 was addressed to Chairman IOC with a copy to me as complainant - It is in public domain at https://docs.google.com/leaf?id=0B2yyHG3...

Vijay Raj Dewan

6 years ago

1. IOC : Mr Chairman : Is This True?
2. Pl note that we will pull you out of your retirement and impose damages after 2014 elections. Bring in Ordinance if required.
3. Rest is your choice.You have been cautioned.
Thanx,

Vijay Raj Dewan

M K TYAGI

6 years ago

Apropos PIONEER news of 17th June, 2010 Mr V C Agrawal, the then Director(HR) had misrepresented to Ministry of Petroleum &Natural Gas in respect of award of 114 dealerships to persons who matter. Will Mr Butola give names and addresses of these dealerships in reply to my RTI application MKT/MISC-22 dated 06-07-2010 ?

M K TYAGI

6 years ago

Will Mr Butola, Chairman IndianOil tell how much we tax payers money has been spent in Karnataka High Court, Delhi High Court and Delhi trial courts after decision of out of court settlement was taken in line with CVC DO NO.000/POL/021/6384 dated 31-03-2005

Shweta

6 years ago

Finally truth would prevail and guilty would be punished.

Raj Kumar

6 years ago

Indian Oil Chairman Mr Butolia is defying CVC by not giving 3 promotions to Mr Tyagi who is oldest living whistleblower ? Does he think that he is outside the perview of CVC ?

Saroj

6 years ago

Will Chairman IndianOil tell why promotions have not been released when his predecessor had taken a decision based on advice of CVC ?

Guninder

6 years ago

How can Chairman IndiaOil continue loss and not release promotions when High court has observed that Tyagi's allegation is vindicated ?

B B Sharan

6 years ago

I never thought that MAHA RATANA Indianoil would spend lacs of rupees in courts to defend its loss of Rs 99000 per month and wear out whistleblower M K Tyagi by using his as well as we tax payer's money against him.

M K TYAGI

6 years ago

Delhi Police is not submiting factual report by violating section 173(8) of Cr.P.C. 1973. When High Court obseves that my allegation had been vindicated how can SHO report that no criminal case is made out in swindling of Rs 99000 per month by Indian Oil. Since SHO is not above High Court, there has to be a reason not to submit factual report. If reason is not that I had not bribed Delhi Police I would certainly like to know the real reason so as to ensure that money of poor Indian is no more wasted.

M K TYAGI

6 years ago

IndianOil is following LAW OF INDIAN OIL instead of LAW OF LAND by continuing loss of Rs 99000 per month and spending my money ( I am Indianoil share holder as well as income tax payee ) against me in courts. Chairman IndianOil is defying CVC advice to release my illegally with held promotions to debiliate promosing whistleblowers.

Ravi Srivastava

6 years ago

this is the most shameful act of so called maha ratna company and the Govt. who call themselves a Model employer Tyagi's dues with interest be released immediately

Babubhai Vaghela

6 years ago

Other than Shri Mahendra Tyagi, two more Whistle Blowers are Shri Mahendra Gaur of Jaipur and Shri Babubhai Vaghela - myself. Story of my struggle on HR Policies and victimization in brief at http://tinyurl.com/6c6lwyw
Heroic struggle of Shri Mahendra Gaur as Advocate at Jaipur in IOC Jaipur Inferno.
http://tinyurl.com/6cyj6gz

Nagesh KiniFCA

6 years ago

This makes it imperative that the Whistleblower Act is not only passed in the ensuing 2011 Monsoon Session.
Our Governments have been guilty of exposing the whistleblower to death as in the case of Dubey and Jethwa.
In one case is the PMO of Atal Bihari's NDA which is professing all sorts of statements without meaning to do anything positive

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