Disciplinary action against a PSU employee

k Anil (Querist) 07 April 2011 This query is : Resolved
Sir,
please say what disciplinary action a PSU can take against an employee who gets his passport issued from his permanent address with out taking noc from department.

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Guest (Expert) 07 April 2011
Normally, getting passport issued is not an offence. But travelling to foreign country on the basis of passport without NOC is a misconduct.

However,if conduct & discipline rules of the PSU specifically includes the provision of NOC for applying for a passport, that depends on the disciplinary authority how seriously that takes the said offence.

So, first of all you need to check the conduct & discipline rules of the PSU whether that includes any provision for NOC before applying for passport.

k Anil (Querist) 07 April 2011
Sir,
As per this PSU CCS rules one should obtain NOC before applying for passport.As soon as i knew about this rule i applied for NOC and got it too. but could not use it in the passport office as Passport was already issued 4 months back.

Kirti Kar Tripathi (Expert) 07 April 2011
Disciplinary proceedings can be initiated only when any action is committed by an employee, which amounts to misconduct under the service condition applicable to him and the said act is connected with employment. I don't think, getting passport is misconduct in service conditions of employees in any establishment. However, there may be any administrative order in any PSU to inform the management for getting passport. Thus the management at the most call explanation and issue warning for the same but can not take any disciplinary action or punish employee.

k Anil (Querist) 07 April 2011
What action the employer may take when it gets to know about this .(Since, it will know about this when i will apply for the identity certificate. At that time i have to give all the details of my exixsting passport)

k Anil (Querist) 07 April 2011
Sirs,
Thanks for solving the problem to a great extent.Just one more query.If the passport authority finds that the information of working in a psu was not furnished(during reissue of passport)then what penalty it will impose. will that penalty amount to criminal offence.

Guest (Expert) 08 April 2011
IT WILL NOT ATTRACT THE PENAL PROVISIONS OF PASSPORT ACT

k Anil (Querist) 10 April 2011
But Sir ,
As per the penalty for offences under passport act 1967 it says that,
"a govt servant who does not give details of his employment in his application form for ordinary passport will be penalised 2500 Rs."
So, can it really be said that "IT WILL NOT ATTRACT THE PENAL PROVISIONS OF THE PASSPORT ACT".
Is it possible to disclose that "the information was suppressed by mistake"while applying for reissue of the passport from the present jurisdiction"

k Anil (Querist) 10 April 2011
Or can it be said that the passport with forgery has expired and applicable penalty with regard to that can be deposited and a new passport be issued.
actually i want to close this chapter with some legal back up( so that there is no problem in future).

kindly guide