IMPACT OF CORPORATE GOVERNANCE FAILURE ON PUBLIC TRUST: AN EVIDENCE FROM INDIA
Abstract
This research study explores the maligned role of Chanda Kochhar, the top-notch executive of ICICI Bank, a leading multinational and financial service provider. An alleged corruption case was filed against her under the Prevention of Money Laundering Act. The case was filed against her after a whistleblower alleged that the bank had given INR 32.50 billion to Videocon group in 2012, the majority of which was declared as Non- Performing Assets later by the bank. This research study focuses on misused the position for personal gains. It touches upon the board of directors of an organisation's fiduciary role and tries to outline whistleblowers’ importance in corporate governance. The study unravels the conflicts of interest, alleged corruption, lack of disclosures of related party transactions required by corporate governance principles, and quid-pro-quo. The study will deliberate the impact of such alleged corruption on the various stakeholders, especially shareholders. The study is exploratory and qualitative and based on publicly available information. Other corroborative evidence verifies the reliability of the information. This study will offer suggestions to improve the corporate governance principles to the regulators.
JEL Classification Codes: D73, D74, G21, G34.
References
Bhalla, M. (2021, March 12). Videocon ex-promoter Venugopal Dhoot granted bail in ICICI Bank-Chanda Kochhar case. Retrieved March 13, 2021, from https://economictimes.indiatimes.com/industry/banking/finance/banking/venugopal-dhoot-granted-bail-in-icici-bank-chanda-kochhar-case/articleshow/81464465.cms
Choudhary, S. (2020, December 3). PMLA tribunal directs “status quo” on Chanda Kochhar’s properties. Retrieved March 1, 2021, from https://www.business-standard.com/article/companies/pmla-tribunal-directs-status-quo-on-chanda-kochhar-s-properties-120120301425_1.html
Choudhary, S. (2019, February, 2). Chanda Kochhar’s fall from grace-here is how she was caught, step by step. Retrieved March 1, 2021, from https://www.businesstoday.in/top-story/chanda-kochhars-fall-from-grace-here-is-how-she-was-caught-step-by-step/story/321344.html
Choudhary, S. (2019, March 13). Videocon loan was ICICI credit panel decision: Chanda Kochhar to ED. Retrieved March 5, 2021, from https://www.business-standard.com/article/companies/videocon-loan-was-icici-credit-panel-decision-chanda-kochhar-to-ed-119031301114_1.html
Dhamsana, I. (2019, January 25). Money trail: A timeline of CBI’s probe into ICICI Bank-Videocon case. Retrieved March 6, 2021, from https://www.business-standard.com/article/finance/money-trail-a-timeline-of-cbi-s-probe-into-icici-bank-videocon-case-119012501495_1.html
Dsouza, S. (2019, January 24). FIR Against Chanda Kochhar: What The CBI Alleges. Retrieved March 4, 2021, from https://www.bloombergquint.com/business/fir-against-chanda-kochhar-what-the-cbi-alleges
Gadgil, M. (2018, October, 5). Chanda Kochhar: The rise and fall of an icon. Retrieved March 1, 2021, from https://mumbaimirror.indiatimes.com/mumbai/other/the-rise-and-fall-of-an-icon/articleshow/66079084.cms
Gupta, Y. (2020, September 10). Explained: Why was Deepak Kochhar arrested by ED? All you need to know.Retrieved March 4, 2021, from https://www.cnbctv18.com/finance/explained-why-was-deepak-kochhar-arrested-by-ed-all-you-need-to-know-6865181.htm
Hetavkar. N. (2019, January 30). Chanda Kochhar held guilty in the ICICI probe report, will lose her perks. Retrieved March 5, 2021, from https://www.business-standard.com/article/finance/chanda-kochhar-violated-code-of-conduct-icici-probe-report-119013001201_1.html
ICICI Bank History (n.d.). Retrieved March 14, 2021, from https://www.business-standard.com/company/icici-bank-5418/information/company-history
ICICI-Videocon Case: Whistleblower Levels New Allegations In Letter To PM Modi 92018, 2021, June 2). NDTV. Retrieved March 3, 2021, from https://www.ndtv.com/business/icici-videocon-case-whistleblower-levels-new-allegations-in-letter-to-pm-modi-1861514
Jai, S. (2018, April 5). Supreme Energy's stake in NuPower sold at market rate: Deepak Kochhar. Retrieved March 6, 2021, from https://www.business-standard.com/article/companies/supreme-energy-s-stake-in-nupower-sold-at-market-rate-deepak-kochhar-118040500045_1.html
James, N. (2021, January 21). Money trap: At insolvency’s doors, Dhoots forced to exit. Retrieved March 1, 2021, from https://www.thehindubusinessline.com/companies/at-insolvencys-doors-dhoots-forced-to-exit/article33485670.ece
Laskar, A. (2018, October 4). Chanda Kochhar quits as CEO of ICICI Bank, Sandeep Bakhshi to take over. Retrieved March 5, 2021, from https://www.livemint.com/Companies/0OVlTPErq3KWdpPx980NWL/Chanda-Kochhar-quits-as-CEO-of-ICICI-Bank.html
Nair, V. (2018, June 15). Retired Judge BN Srikrishna To Lead Investigation Against Chanda Kochhar. Retrieved March 5, 2021, from https://www.bloombergquint.com/business/retired-judge-bn-srikrishna-to-lead-investigation-against-chanda-kochhar
Naraynan, K. (2018, June 2). Complaint by ICICI insider forced board to probe Chanda Kochhar. Retrieved March 5, 2021, from https://indianexpress.com/article/business/business-others/complaint-by-icici-bank-insider-forced-board-to-probe-chanda-kochhar-5200866/
Ohri, R. (2019, February 2). ED registers case against former ICICI Bank CEO Chanda Kochhar.Retrieved March 4, 2021 from https://economictimes.indiatimes.com/news/politics-and-nation/ed-registers-case-against-former-icici-bank-ceo-chanda- kochhar/articleshow/67799364.cms
Saha, M. (2018, May 30). ICICI Bank to form independent panel to probe allegations against Chanda Kochhar. Retrieved March 5, 2021, from https://www.thehindu.com/business/Industry/icici-bank-to-hold-independent-probe-into-allegations-against-chanda-kochhar/article24034206.ece
Samervel, R. (2021, February 13). Chanda Kochhar granted bail, can’t leave India sans court nod. Retrieved March 6, 2021, from https://timesofindia.indiatimes.com/city/mumbai/chanda-kochhar-granted-bail-cant-leave-india-sans-court-nod/articuleshow/80889248.cms
Sarkar, K. (2020, November 4). ED files charge sheet against ex-ICICI Bank chief Chanda Kochhar, her husband. Retrieved March 3, 2021, from https://www.hindustantimes.com/business-news/ed-files-chargesheet-against-former-icici-bank-chief-chanda-kochhar-and-her-husband-videocon-group-md-venugopal-dhoot-also-named-in-fraud-case/story-Q06Afu3jQnqPradCGevr0L.html
Shah, C. (2021, January 30). ICICI Bank case: Special court accepts ED’s complaint, summons Kochhars.Retrieved March 3, 2021, from https://www.hindustantimes.com/cities/mumbai-news/icici-bank-case-special-court-accepts-ed-s-complaint-summons-kochhars-101612017745532.html
Sharan, A. (2020, November, 5). ED files first charge sheet in ICICI loan case. Retrieved March 3, 2021, fromhttps://mumbaimirror.indiatimes.com/mumbai/crime/ed-files-first-chargesheet-in-icici-loan-case/articleshow/79052249.cms
Sharma, P.(2020, December 1). Court refuses bail to Deepak Kochhar in money laundering case. Retrieved March 3, 2021, from https://www.indiatoday.in/business/story/court-refuses-bail-to-deepak-kochhar-in-money-laundering-case-1745831-2020-12-01
Singh, S. (2018, March, 29). Videocon gets Rs 3250-crore loan from ICICI Bank, bank CEO's husband gets sweet deal from Venugopal Dhoot. Retrieved March 6, 2021, from https://indianexpress.com/article/express-exclusive/videocon-gets-rs-3250-cr-loan-from-icici-bank-chanda-kochhars-husband-gets-sweet-deal-from-venugopal-dhoot-5115267/
Singh, D. (2019, October 25). SFIO starts probe in deals between Videocon and Deepak Kochhar. Retrieved March 5, 2021, from https://www.indiatoday.in/india/story/sfio-starts-probe-in-deals-between-videocon-and-deepak-kochhar-1612822-2019-10-25
Singh, D. (2020, December 8). Deepak Kochhar threatened to ruin my name by declaring ICICI bank loans as NPAs, says Venugopal Dhoot. Retrieved March 1, 2021, from https://www.indiatoday.in/india/story/deepak-kochhar-threatened-to-ruin-my-name-by-declaring-icici-bank-loans-as-npas-venugopal-dhoot-1747624-2020-12-08
Unnikrishnan, D. (2018, April 3). Videocon loan case: ICICI Bank sanctioned Rs 650 cr loan against Dhoot’s group company that had a turnover of just Rs 75 cr. Retrieved March 5, 2021, from https://www.firstpost.com/business/videocon-loan-case-icici-bank-gave-rs-650-cr-loan-to-dhoots-group-company-that-had-a-turnover-of-just-rs-75-cr-4416037.html
Unnikrishnan, D. (2018, June 1). Whistleblower in ICICI-Videocon case levels new allegations against Kochhar in letter to prime minister. Retrieved March 5, 2021, from https://www.firstpost.com/business/whistleblower-in-icici-videocon-case-levels-new-allegations-of-wrongdoing-against-kochhar-sends-letter-detailing-charges-to-pm-finance-minister-4491163.html
Unnikrishnan, D. (2019, December 10). Videocon loan case: With Chanda Kochhar knocking HC’s door challenging termination, ICICI board’s actions are back in spotlight. Retrieved March 3, 2021, from https://www.firstpost.com/business/videocon-loan-case-with-chanda-kochhar-knocking-hcs-door-challenging-termination-icici-boards-actions-are-back-in-spotlight-7763041.html
Vyas, M, (2020, January 14). ICICI Bank slaps Rs 12 cr recovery suit on Chanda Kochhar. Retrieved March 3, 2021, from https://economictimes.indiatimes.com/industry/banking/finance/banking/icici-bank-slaps-rs-12-cr-recovery-suit-on-chanda-kochhar/articleshow/73237797.cms?from=mdr
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