Regarding forwarding of application through proper channel
Guest
(Querist) 07 August 2014
This query is : Resolved
This is in continuation to my previous query on the same subject.The Principal of my Institute today handed me over a letter stating that my application cannot be forwarded through proper channel for outside post on the account of public interest as there is shortage of teaching staff in the Institute.The head office however had left it to the principal to take an appropriate decision at his level.My concern is that our Institute /college is an autonOmous Institute/PSU .There has been no recruitment done in the past three years.I am a regular employee of this Institute.The Institute has also accepted a resignation before (of same designation on which Im working) and forwarded applications of staff through proper channel.But this time he is not forwarding citing public interest as a rule.I have a very bad family condition for which I have written to him .My motive for applying to this outside post is that its close to my native place.Now our state doesnot have a Adminstrative tribunal.
Kindly guide me on what needs to be done if my application is not forwarded.
Can I appear in the interview for the post on the basis of advance copy of my application.
If I clear any Higher level exam like UPSC etc can the Principal still cite public interest as a reason and retain my NOC/candidature
What is the meaning of public interest.
Can an autonomous Institute who charges a lot of fees from students and registered under Societies registration act and a fictitous identity hold my application on these basis (shortage of staff)be termed as public interest.
There has been no efforts done to recruit staff for running the Institute effectively.
Kindly guide me on the same
Sudhir Kumar, Advocate
(Expert) 08 August 2014
"If I clear any Higher level exam like UPSC etc can the Principal still cite public interest as a reason and retain my NOC/candidature"
Please read UPSC Ad and things will be clear.
Sudhir Kumar, Advocate
(Expert) 08 August 2014
in other cases it is difficult to compel forwarding through court. The discretion is almost unchallengeable.
Sudhir Kumar, Advocate
(Expert) 08 August 2014
No further views can be expressed as the details of the institution are kept Secret.
Isaac Gabriel
(Expert) 08 August 2014
Forwarding the application is the option of the management.On selection, you can take recourse to legal action for relief if refused.
Guest
(Querist) 08 August 2014
Dear Members,
The Institute is an autonomous Institute registered under society registration act.It is managed by a Board of Governors.There is nothing mentioned in our service rules regarding the forwarding of application through proper channel.Kindly find attached the G.O. released by ministry pf personal in this regard.The senior has told me that hes not forwarding it because of public interest and shortage of staff.This is an improper reason as the management has not been trying to recruit.Resignations have also been accepted in the past without any hitches.The organisation provides education in the field of a particular subject and charges fee for that.I do agree it can be in the interest of the organisation(which as defined in our by laws is an entity),so how can it mount to public interest?
Furthermore,is it not an infringement of my fundamental right as I donot see a substantial reason for holding my application.My question is if the managemnt is always short of staff ,will they keep holding my applications forever.
Attached please find the G.O. and advise pls
Annexure to DOPT 0.M.No.28020/1/2010-Estt(C) dated December,2013.
FORWARDING OF APPLICATIONS
GENERAL GUIDELINES
These guidelines relate to forwarding of applications of Government servants as direct
recruit for posts within the Central Government, State Governments, Autonomous/ Statutory
Bodies, CPSEs etc. It may be noted that in a case in which a particular employee cannot be
spared without serious detriment to important work in hand, public interest would justify
withholding of his application even if otherwise the application would have been forwarded. It
may be added for information that where for good and sufficient reasons an application is
withheld no infringement of any Constitutional right is involved.
[ O.M. No. 170/51-Ests., dated the 21.10.1952]
2. INTERPRETING THE TERM 'PUBLIC INTEREST
a. The Heads of Departments should interpret the term 'public interest' strictly and subject
to that consideration, the forwarding of applicatioas should be the rule rather than an exception.
Ordinarily, every employee (whether scientific and technical or non-scientific and non-technical
personnel) should be permitted to apply for an outside post even though he may be holding a
permanent post.
b. No distinction need be made between applications made for posts in a Department under
the Central government, Autonomous Bodies or sub-ordinate offices, posts under the State
Governments, posts in Public Sector Undertakings owned wholly or partly by the Central
Government or a State Government and posts in quasi-Government organizations. They should
all be treated alike so far as the forwarding of applications is concerned. If, however, a
Government servant desires to apply for a post in a private concern, he should submit his
resignation or notice of retirement, as the case may be, before applying for private
employment.
c. For this purpose, "scientific and technical personnel", may be interpreted to mean persons
holding posts or belonging to services which have been declared to be scientific or technical
posts or scientific or technical service.
3. GENERAL PRINCIPLES FOR DEALING WITH SUCH APPLICATIONS
The general principles to be observed in dealing with such applications are as under:
a. Applications from purely temporary Government servants - Applications from such
Government servants should be readily forwarded unless there are compelling grounds of public
interest for withholding them.
[O.M. No. 70/10/60-Estt. (A),
Guest
(Querist) 08 August 2014
Dear Mr Burman,
I am a regular employee with this Institute (Hotel Management Institute and I am a Teacher there)which is an education provider established under society registration act.The Institute has very less regular faculty (because they are not willing to recruit because of financial reasons).Now when I am planning to apply for a better future due to uncertainity of my future here as also less pay ,they are holding my applications and citing public interest and shortage of staff as an excuse.The term public interest is a wider term as I have understoodfrommyreadingofthesame
Guest
(Querist) 08 August 2014
Dear Sudhir Sir,
I have provided the details of Institute now.Sorry for not disclosing it earlier .Kindly go through the following link and please advise whetehr shortage of staff in our type of Institute be counted as in the Public interest.It is in the interest of organisation as per my observation.The link is as under
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28011_1_2013-Estt-C.pdf
Guest
(Expert) 08 August 2014
Mr. Ashish,
Just give a thought over the state of affairs, would the public send their wards to an institute and pay high charges of fee for their education, where the teaching staff is kept constantly short and no proper education is imparted to their wards on account of such shortage of teachers?
Natutrally the management would not like to close their institute for want of teaching staff that may result in to lowering the admission rates in general and reputation in specific.
You have to know that the institutes are opened for the wards of the public, not merely for the interests of institute's employees. Interest of the employees is always sub-servient to the interest of the public.
However, if you feel that your interest is not served in the present institute due to regular shortage of teaching staff, you may try to seek employment somewhere else by resigning from your job and then apply for the career through UPSC.
Rajendra K Goyal
(Expert) 08 August 2014
Send a notice to the Management / principal and file claim / damages for blocking your future career on flimsy grounds.
Guest
(Querist) 08 August 2014
Dear Goyal Sir,
How do I approach the high court.Can i also file a writ in high court for violation of fundamental rights as we donot have an adminsitrative tribunal in our state.
Sudhir Kumar, Advocate
(Expert) 08 August 2014
why should I on searching for details when not provided here. Experts here are not your office asstt.
Guest
(Querist) 08 August 2014
Dear Mr .Sudhir Sir,
I am not here to offend you or any other distinguished experts.Kindly re read my query.I have just pasted a link of the copy of rule ,that is all. I am not forcing you to read my query and comment on the same.I aplogise in case I have hurted your ego in any way.Thank you for your suggestions.
Surrender K Singal
(Expert) 09 August 2014
Every Expert is free to opine or simply nont opine - why should such confronting conversation be entered into; Should be avoided simply by ignoring any request of the Author, if it does not suit any mind set
P. Venu
(Expert) 10 August 2014
Public interest is not a narrow or a sectarian concept. That is the reason why the employees in public service/public sector/autonomous bodies are relieved are not prevented from seeking better careers and their application is forwarded as a matter of routine. Or else, the nation will be losing the best service from that person and he also will be morally frustrated.
Generally, applications through proper channel would be withheld only if the employee is in a sensitive and special assignment or if any disciplinary/criminal proceeding is pending.
As regards to application to UPSC/SCC, the employee is required to give intimation of the application made to the Office and it is their responsibility to intimate the Commission of their constraints, if any.
Generally, such intimations are filed as a matter of routine.
T. Kalaiselvan, Advocate
(Expert) 10 August 2014
