No objection certificate

vijayaraghavan (Querist) 23 September 2013 This query is : Resolved
Dear Sir / Madam

This query is with regard to issue of NOC.

I am a Group B Gazetted Officer working for Government of India. Presently I am on deputation (foreign service) to a Statutory Body. I have completed two years out of my tenure of Three years.

While on Foreign Service I have applied to a Group A post in an autonomous body.

My application for the new post in the autonomous body has been submitted through proper channel. i.e. I have submitted my application to the borrowing department, who in turn forwarded my application to my parent department and my application has finally been forwarded to the concerned autonomous body.

Based on my application routed through proper channel, I have been short-listed for interview for which I was requested to produced NOC from the present employer.

Since, I am on foreign service (deputation) I have submitted request for isssue of NOC to my parent department as well as the borrowing department.

My parent office has given me NOC to appear in the interview. However, no communication was received from the department (borrowing department) where I am serving at present.

In this regard, it is pertinent to note that I have ensured through GOI OM (G.I. M.H.A., O.M. No.60/43/64-Estt. (A), dated 24th August 1965) that “once application is forwarded, release on selection should be the rule. However, when subsequent to forwarding of the application but before selection by the commission (UPSC), very exceptional circumstances arise, in which it may not be possible to release the officer in event of his selection by the commission, the fact should be communicated immediately to the commission as well as the officer concerned”.

Since, no communication has been received from the borrowing department, the non communication has been taken as a positive decision and based on this I have appeared in the interview.

The interview which was chaired by a senior level officer has interviewed me based on NOC given by my parent office. Based on my performance in the interview, I was offered the said post in the autonomous body which is under the administrative control of Government of India.

Hence, I have sought repatriation to my parent department to enable me to join the new organisation.

However, the borrowing department has informed me vide letter which is dated nearly a month after date of offer of appointment that my request for appearing in the interview could not be acceded to.

Even though my application has been forwarded through the borrowing department as well as my parent office, and I have sought for permission to attend the interview well in advance, communicating the denial of NOC after issue offer of appointment seems to be unjust.

Despite my repeated requests, I was not repatriated so far to my parent department. Since, the new post is a regular Group A post, blocking my joining to the said post will result in financial as well as intangible loss in the long run.

I therefore request the experts to offer their views. If my stand is correct, I would like to take recourse through CAT.

Expecting comments and suggestions,

Regards,
VIJAYARAGHAVAN

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