Can noc be refused by psu on getting show cause

service

Dear Respected community members,

I am working in a Central PSU under the Dept. of Atomic Energy as E-2 level officer (in HR Department), I am 37 years old.I joined this company in 2013 (October) after resigning from another PSU. In all I have 8 yrs. exp. in PSUs. My question is - 

Prelude - (1) I joined this company on 30 Oct, 2013. On 5 Nov, 2013 a recruitment was held in the company locally to recruit workmen category (Fitter, Tradesman, Boiler Operators etc.). Without any written directive from my HoD, I was verbally directed by him to help the officers doing the recruitment process on the day of the interviews. I was new, and without any hitch I went and helped the team, doing mostly co-ordination type of job. Later a gross violation of recruitment rules was discovered and the CBI also came into the picture. They investigated for last one year and chargesheeted several top level executives of the selection committies. I have received a memorandum seeking explanation as part of internal enquiry (departmental, not CBI) as to why I have made certain gross violations during the scrutiny of applications (I want to assure that I have not done any violation, since on the day of the interviews, as the candidates were being sent into the room for the interview before the selection committee, four HR officers including me were tasked with the work of checking their certificates including verification with the originals). I was helping out the team.

It was only four days after joining this company that this incident took place. It is mentioned in the allegation of charges against me that if my reply is not found to be satisfactory, I might be chargesheeted or other disciplinary action may ensue.

Meanwhile just one month back I applied through PROPER INTIMATION to another PSU for a vacancy and also in UPSC, both through proper intimation requesting for NOC (No Objection Certificate) in the event of my getting interview call from the UPSC or/and the other PSU.

Can I be refused NOC just because my company has issued memorandum of allegation seeking explanation from me ???? SOmeone said, NOC can be refused only when charges are framed against the employee, that is , chargesheet is issued, but in my case, charge sheet hasn't been issued, rather explanation is asked for as per the allegations. Please reply, I am in great need of help.

Abhishek

 
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Consultant & Legal Analyst

If you are under cloud NOC can be refused till the disciplinary case is finally concluded.

 
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LEGAL MANAGER

Ball is in management's court. They may refuse NOC. You better prepare your defense.

Are you the one who had earlier posted about NOC and changing PSU without proper channel 

 
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Consultant & Legal Analyst

NOC is at the sole discretion of the employer in the exigency of service, not mandatory. So, better gird up your loin to defend your case quite effectively.

 
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service

Dear Sir

I thank you for your reply. The question is this - on the day of the recruitment my role (being just 4 days old in the new job) limited to sundry jobs such as ushering in candidates etc etc. I did not take actve part in scrutiny. I have written that in my defense. I also applied through proper channel and my requests have been sent to Head Quarters. If in the meanwhile I get  a call from either UPSC or the other psu where i applied, i think Mgmt. may refuse the NOC until the case is resolved, which means....these two good oppotunities (one is UPSC) and the other PSU is higher pay+nearest to my hometown, both will be GONE....my bad luck...can't i take the help of the Indian Judicial System in this? based on the grounds of natural justice..??

 
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LEGAL MANAGER

Going to judicial system doesn't seem a viable option. Prepare your defense as suggested earlier.And as far as NOC at the time for interview is concerned  you may still try with  your present company..or perspective employer to allow for interview w/o NOC with undertaking to submit NOC at later stage if selected.

 
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Dy Director

you are not clear whether it is a simple SCN and not a chargehseet. You cannot be blamed for this ignorance.  Many Govt servants are not able to understand that they have received a charge sheet.  You need to meet a knowledgeable person with papers.

 

as far as UPSC advertisement is concerned please read the advertisement again and half of your doubts will be clear.

 
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FIN

Ushering in the candidates, comparing the original with copies on verbal orders of Superiors (after 4 days on joining) does not seem to be a grave indiscipline.

The document received by you does not seem to be a show cause notice or charge sheet and explanation given by you may suffice....

Or

you may get the next commnique............

 

You should keep your defense ready.

 

I am also of the opinion that 'You must go thru Advt. released by UPSC..........verbatim. 

 
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Dy Director

I reiterate


you are not clear whether it is a simple SCN and not a chargehseet. You cannot be blamed for this ignorance.  Many Govt servants are not able to understand that they have received a charge sheet.  You need to meet a knowledgeable person with papers.

If it is a chargesheet then you may not be able to defend yourself.

 
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