Procedure to get noc incase of active bond
Jaggy
(Querist) 30 March 2013
This query is : Resolved
Hi,
I am in a dilemma to get NOC from railways to incometax because still am in sports quota bond of 5 years, I joined in 17/7/2009, but meanwhile I got better job in incometax dept, when I joined railways my pay was 5200-20200-1900gradepay now it's 5200-20200-2400gradepay, even the job I am about to get is 5200-20200-2400gradepay in incometax, please suggest me procedure to get NOC? And Can I resign this present job if they deny NOC ?
Adv k . mahesh
(Expert) 30 March 2013
while appearing interview at Income tax have you not mentioned that your are working in railways
talk to concerned administrative department which issues you the NOC because without that papers you have to face problems in new job
Jaggy
(Querist) 30 March 2013
Thank you Mr Mahesh for your reply, they dint ask for NOC at the time of interview,, and please tell me if I can resign now bec still 16months of bond remaining,
Guest
(Expert) 30 March 2013
You have not stated whether you applied for the post in Income Tax through proper channel or not. If applied through proper channel, since bothe departments are of Central Government, your bond can be transferred to the new employer.
Jaggy
(Querist) 30 March 2013
Mr dhingra sir thanks for your reply, before selection I applied for NOC but still I have not got any reply from my employer,, is there any legal procedure to get noc faster?
Raj Kumar Makkad
(Expert) 30 March 2013
It shows that your employer had not provided you NOC so you are now at your liberty to deal with the issue.
Devajyoti Barman
(Expert) 30 March 2013
You can send reminded notices. The non supply of NOC should not pose hindrance to join the new job.
Guest
(Expert) 31 March 2013
Although you have not replied to my specific question, but from your evasive reply it has become quite clear that you did not apply through proper channel. There is a lot of difference between application through proper channel and NOC after selection when applied without the knowledge of the department.
Had you sent application through proper channel, your employer was bound to relieve you for the new post, rather you could have got the benefit of your previous service in your the new department also, including transfer of bond.
Now NOC is at the sole discretion of your employer. Non grant of NOC can render you to pay the bond amount. Rather, you can also be subject to disciplinary action for applying without due permission of the competent authority.
Any legal recourse to get NOC can surely bound back upon you. Even acceptance of your resignation for the purpose of joining new post would depend solely on the discretion of your recruiting authority.
So, it would be better for you to convince the authorities at your personal level to grant NOC for the new job.
Jaggy
(Querist) 31 March 2013
Thank you Mr dhingra sir, I have not applied through proper channel,but I had given letter to dealing clerk addressing to my personal officer to provide noc and also to attend interview incometax had not asked for NOC
Guest
(Expert) 31 March 2013
I have already provided my views on the case. In such cases, any informal or non-procedural action can't help. Irrespective of whether you gave the application to the dealong assistant, instead of the Receipt & despatch cell of your office or through proper channel for NOC, you won't be having any proof with you to claim that you applied for NOC. Moreover, dealing assistant is not the competent authority to provide you NOC.
You have also not stated what information you have got from the dealing assistant about the status of your application?
Anyway, now you can take only the risk of joining the new department after getting your resignation accepted without insisting for NOC.
Jaggy
(Querist) 31 March 2013
Thank you sir for your valuable suggestions I wish to continue contact with you in near future if you don't mind.
