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Rajeev Kumar (Professioanl Social worker)     20 November 2009

reasonable grounds for rejecting NOC

Dear All

on fellow was appointed as Assistant porfessor on contract basis in a Mental Health Institute. that fellow applied for one permanent post of Assistant  Professor, he was having all prerequisitve qualification and experiences.

But the employer did not him NOC ( No objection certificate). he could not appear in interview and finally had to lose a lifetime wonderful opportunity.

in another incident, a senior resident in hospital applied for NOC for Passport. but director/ employer did not approve  NOC. ultimately senior resident could not get his NOC.

in both the above stated incidents , person had to lose thier opportunity which could have led them to better growth.

here my queries are:

1. on what grounds employer can reject NOC?

2. whether employer is laible to give reasonable explaination for rejecting NOC?

3. whether there are some guidelines in central government department for approving or rejecting NOC or it is just on the whim of employer ?

please reply with appropriate legal reference

Rajeev

3.



Learning

 7 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     20 November 2009

As per Govt.GRs. when the posts on contractual basis were created, it was given to understand that the fully qualified peson in a permanent post is appointed with a view to confirm him after completion of three yeas in that post, unless the post is reserved for some category and if any candidate from that category is selected, in that case the contractual appointee has to vacat the post in favour of such candidate. However, in terms of cotract, the exhisting candiate has to forward his application through proper chanel, as per terms of service rules, which amounts to NOC itself. In the case referred to by you it is not clear if the application was forwarded through present employer or not? If that is complied with, the appointing institute should not ask for NOC at all. As regards application for Pass Port aplication, there is no reason for refusing NOC.

Rajeev Kumar (Professioanl Social worker)     20 November 2009

Respected sir,

it is understood that  there is no reason  to refusing NOC for pass port application. I got the answer for the second part of my question. 

my first part of question  was perhaps inadequate. the fellow had forwarded his application through proper channel. but he was not given NOC, consequently he had to lose the opportunity.

becuase the employer did not consider the interest of  that fellow and showed his whim by not to issue NOC.

now again you are requested to tell me , whether it was lawful.

if illegal then give me proper reference

thanks and regards

 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 November 2009

I agree with KP sir.

Kanaksinh P.Boda (Educationist/Lawyer)     24 November 2009

There are grievance cells at the University level established to inquire in to the matter or some other machanism to settle the issues, pease find out and approach them. Thesre are precribed procedures by each state in this behalf. The institute which has forwarde application and subsequently refused NOC has committed breach of trust for sure. Your case is havint merit so goahead.

Anil Agrawal (Retired)     24 November 2009

Both the Mental Health Institute and the Hospital are covered under RTI. Apply and ask:

1. Kindly supply me the report/file noting under which my application for NOC was rejected.

2. Name and designation of the officer(s) who dealt with my applications.

Believe me that I am totally disenchanted with RTI Act. But, in your case, who knows?

Rajeev Kumar (Professioanl Social worker)     26 November 2009

through various reply, experts have clarified that rejecting NOC for passpart does'nt make any sense. in case there is not any discplinary action against pending against employee.

non-forwarding application of employee is violation of rights of employee.  it is also amount to forced labour. it is some kind of curbing opportunity to better employement.

here the questions are:

1. is there any other solution to get NOC from employer apart from filing RTI

2. what step must be taken , if employer has rejected NOC without given any reason?

3. what step must be taken , if employer have not  consider the application for NOC for last 6 months.

please reply

Rajeev

Anil Agrawal (Retired)     26 November 2009

 No body can reject the application without giving reasons. You complain to higher authorities. Exhaust all the avenues. RTI application, 1st Appeal and then 2nd Appeal. If you can afford, go to HC.


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