Noc denial by employer

Querist : Anonymous (Querist) 04 August 2020 This query is : Resolved
I work at level-6 pay grade in a PSU. I want to apply for a job of level-10 but my NOC got rejected. infact my PSU is not giving NOC to anyone. Can i hide my current job and resign if i get selected ? What options i have ?

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Dr J C Vashista (Expert) 04 August 2020
No, it is illegal if PSU has no such policy. However, which PSU you are working where such policy existed ?
In such circumstances you will have to resign and get fresh appointment.

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Querist : Anonymous (Querist) 04 August 2020
Centre for railway information systems ( CRIS)...

Querist : Anonymous (Querist) 04 August 2020
Centre for railway information systems (CRIS). Sir ! What options i have ? They have been refusing NOCs from the last one year. They didn't give a single NOC in 2019-20 because of fear of privatization (brain drain also). They don't want to loose good people because majority of seniors have become technically incompetent.

Rajendra K Goyal (Expert) 04 August 2020
Irregular / illegal / advice for hiding facts can not be given.

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Querist : Anonymous (Querist) 04 August 2020
Sir ! I want to know if there is any legal path to get NOC ? Is there any solution of this problem ? What if i resign before joining other organisation. Will it create problem. Please give some solution.

venkatesh Rao (Expert) 04 August 2020
Granting permission (NOC) is a rule and rejection is an exception. That means, your employer must record his objective satisfaction for rejection. Such rejection definitely abridges your fundamental right of choice of profession. Even if there is a rule in your service code, you can challenge it by pressing into service the writ jurisdiction of the High Court. Consult an advocate dealing with service matters.

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Dr J C Vashista (Expert) 05 August 2020
Apprehension of privatisation of railways and joining them, can not be a policy of your employer.
If you are declined the NOC and you have already decided to join railway you have the only option to resign and join.

Querist : Anonymous (Querist) 05 August 2020
Currently i am working in centre for railway information systems (CRIS) and applied for a post of scientist in NIC. I will require NOC to show experience in interview. Resigning before selection will be a big risk to career.

Isaac Gabriel (Expert) 05 August 2020
Why not route the application through the present employer since both are PSU.If rejected, submit directly.

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Querist : Anonymous (Querist) 05 August 2020
I have applied NOC but it got rejected and in notification it was clearly mentioned that NOC is must to attend interview.

Rajendra K Goyal (Expert) 05 August 2020
Approaching court is option left in such circumstances.

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Querist : Anonymous (Querist) 05 August 2020
Thanks gentlemen for all the guidance.

Rajendra K Goyal (Expert) 06 August 2020
You are welcome, may revert in case of any further development.

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