During the course of investigation into the issue of co-location facilities at NSE, SEBI came across certain documentary evidences, which demonstrated that the erstwhile MD and CEO of NSE, Chitra Ramkrishna, had shared certain internal confidential information of the exchange.
These include information on organisational structure, dividend scenario, financial results, human resource policy and related issues, response to regulator etc., shared with an unknown person by addressing her correspondence to the email id -- [email protected] (referred as 'unknown person'/ [email protected]) during the period 2014 to 2016.
NSE in its letter dated July 6, 2018 had drawn reference to the forensic investigation report of E&Y wherein E&Y upon examination of the matter concluded that the said person was Anand Subramanian. NSE has also concurred with the same.
SEBI's examination found that the said unknown person, Subramanian, had significantly influenced the decision making of Chitra Ramkrishna as reflected in the emails exchanged between Noticee No. 1 and the unknown person, as perused by SEBI.
Thus, the SEBI examination found that NSE and its board were aware of such grave irregularities and misconduct on the part of Chitra Ramkrishna in the appointment of Subramanain in the Nomination and Remuneration Committee (NRC) and the board meeting held on October 21, 2016, but did not record the aforesaid matter in the minutes of the meeting in the name of confidentiality and sensitive information and submitted the report on the above irregularities to SEBI only after repeated reminders.
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When SEBI came to know that Ramkrishna was exchanging confidential information of NSE with an unknown person, SEBI vide letter dated May 3, 2018 and August 10, 2018 sought clarification from the NSE. The NSE submitted its detailed response on the above along with a report of forensic investigation conducted by Ernst & Young (E&Y) wherein it was concluded that the said unknown person was Subramanian.
