• NOC for going abroad for govt. employees

Sir
 Being a doctor in govt service I have applied for NOC with my state govt. for my forthcoming abroad tour for 10 days as a tourist. However I have to come to know that the govt at preset s ot gvg such NOC. Ca the govt do that if I have valid documents and my leave has been sanctioned from the department. Will I be given a visa if I cannot produce the NOC. Is the NOC mandatory for going abroad. What are my options in this case.please help.
regards
 Indranil Ghosh
Asked 4 years ago in Labour

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13 Answers

Hello Good Morning,

As you are going abroad for your vacation and not for any professional purpose there is no need to take a NOC .

Hope this helps.

In case you need any other queries relating to this you can contact me .

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. Refer to the service rule as ragrd the foreign travel.

2. In normal circumstances if the leave is sanctioned and the employee satisfies the source of money to fund his travel then such travel is not restricted.

3. In other words there can not be any blanket bar on foreign travel of a government servant and hence without assigning any reason your permission is rejected you can apply for Judicial Review of such decision.

Yes NOC is mandatory for travel to abroad.

All the best.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

as per existing instructions, when a government servant applies for leave for going abroad on a private visit, separately prior permission of the competent authority for such visit is also required.

"While granting such permission, many factors are required to be kept in view. For example, permission may be denied in the interest of security. Individuals facing investigation or inquiry on serious charges, who may try to evade apprehension

by police authorities, or facing the inquiry, may also not be permitted to leave the country. On the other hand, it is also desirable that requests of government servants for such permission are dealt with expeditiously," it said.

2) Permission to central government employees going abroad need to be given within 21 days of receive of a request by concerned authorities, failing which it will be assumed that the nod has been given.

Besides, any denial of such permission should not be taken "below the level of head of department", as per the fresh instructions issued by the Department of Personnel and Training (DoPT).

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

The service rule has to be effected for the purpose under which you are employed.

Though for a private visit the permission from competent authority the leave sanctioning authority under the latest notification is required if the permission is not granted or neither any reply you can seek a written answer from the department concerned so if your holiday is sanctioned so kindly with written communication ask for permission as prescribed or ask for reason for denying such permission.That can be subject to challange before high court.

It is not required for visa not is for the department permissiom.

Kindly refer the notification below:

Foreign Tour Procedures for Govt./ Semi Govt. Employees

Government of West Bengal

Personnel & Administrative Reforms Department

Training Cell

Writers’ Buildings

Kolkata – 700 001

MEMORANDUM

No. 42-PAR(Trg)/HR/O/3T-11/2011 Dated: 02.02.2011.

Subject: Procedure to be followed in connection with private foreign visits of employees of State Government, Semi or Quasi-Government organization including employees of Statutory bodies, Undertakings, Corporations, Companies, Cooperative and Institutions etc.

The procedure for permitting Government servants to visit foreign countries in private capacity has been liberalized by Government of India and now the leave sanctioning authority grants the permission to the official concerned for private visits abroad.

In view of sharp increase in number of Government servants visiting foreign countries in private capacity, a need has been felt to liberalize the existing instructions of State Government in this regard.

Accordingly, in partial modification of the Order No. 466-PAR (Trg) HT/O/3T-112/97 dated July 18, 2003, following procedure would be adopted in case of private visits of Government servants to foreign countries:

(1) All categories of employees may be permitted to visit abroad in their private capacity, with the prior clearance of the authority competent to sanction their leave.

(2) The application shall be made to the competent authority in the attached proforma (Annexure – I) at least fifteen days before the commencement of such visit.

(3) The permission shall be granted by the leave sanctioning authority with a copy to the cadre controlling authority within seven days of receipt of such application. A standard format of permission is enclosed herewith (Annexure – II).

(4) In partial modification of Order No. 974-PAR(Vig.) dated Calcutta, July 25, 2000 of Home (P&AR) Department, Vigilance Clearance shall not be required for according permission to travel abroad in private capacity.

(5) For the purpose of clarification, private visit would mean the visits in which the entire expenditure is being borne by the officer concerned or his family members. The term ‘family’ means wife or husband, as the case may be, sons and daughters including adopted sons/daughters, mother and father.

Visits involving any kind of domestic/ foreign sponsorship or acceptance of foreign hospitality on boarding, lodging or any other component of the visit shall continue to be governed by the earlier order.

Sd/- Samar Ghosh

Chief Secretary, Government of West Bengal

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

What's reason for not granting NOC? You may file a case for it because the visa depends on it.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Have you applied for getting NOC from the required Authority?

It is mandatory to get NOC.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

There's no problem as long as you have applied to obtain to the NOC and no decision is taken thereof, i.e, it is neither granted to you nor rejected. In the scenario, you ma travel abroad and the leave granted to you is sufficient.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) As you are government employee that's why they must have asked you NOC for Tourists Visa.

A) Even though you have most of the documents you need right away, there are certain documents, such as the No Objection Certificate from employer that needs to be collected from your company or the flight reservation for visa you need to make well before you apply for the visa.

B) The No Objection Certificate from employer is one of those important documents most people tend to miss out on or get wrongly done.

C) The No Objection Certificate from employer, as the name suggests is letter, provided by your employer stating that the company has no objection towards you traveling abroad. The letter also assures that you are permitted by the company to visit a foreign country for a specific period of time and does not have any intentions of staying back in their country.

D) Through the No Objection Certificate, the company not just declares that you have the the approved leaves for the visit, but also the necessary funds to support you through the entirety of your travel. Since no government would want to intake potentially troublesome visitors who don’t abide by their laws, the No Objection Certificate from employer will do the job of guaranteeing the visiting country’s government that you won’t be a burden to their country after reaching there.

2) WHAT DOES A FLIGHT RESERVATION FOR VISA MEAN?

A) If these new and unfamiliar terms are confusing you, worry not! To explain in simple words, a flight reservation for visa refers to a reserved itinerary or a flight plan to and from the destination country you want to apply the visa for. These itineraries are not actual flight tickets, and thus, need not be paid for, except for the minimal service or processing charges to your travel agency. Once your visa is issued, you can either go ahead and confirm the reserved booking (provided the flight is still available) or cancel it and book new tickets for your preferred dates.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. There is no restriction for Doctors visiting abroad since I have seen doctors engaged with Govt. Hospitals have traveled abroad with myself on tourist Visa.

2. You should re-verify the matter and obtain the letter of refusal from the appropriate authority.

3. Thereafter you can file a Writ Petition before the High Court against your departmental authority and the Government for restraining your foreign tour for no reason and pray for relief.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

If permission is not given then approach the High Court,you will certainly get it. Please follow the procedures laid in the below given links:

========================================================================================

Application for No Objection Certificate to Go Abroad/Obtain Indian Passport

https://www.india.gov.in/application-no-objection-certificate-go-abroadobtain-indian-passport

http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_8_2015-Estt.A-III-29062015.pdf

OFFICE MEMORANUDM Subject: Requirement of taking prior permission for leaving station/ headquarters from going abroad while on leave. Undersigned is directed to say that a need for further streamlining the procedure for grant of permission for going abroad on private visit has been felt. A draft of instructions and the formats for grant of permission are attached. Comments/ views, if any, in this regard may be sent to the e-mail address mp.ramarao a nic.inlatest by oth July, 2015.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

It is essential for a government employee to obtain permission to travel abroad even for a short vacation trip.

You can refer to the staff service regulations in this regard for complying with formalities in this regard.

If the authorities come to know about your abroad without permission you can be held liable for disciplinary action.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Visa has nothing to do with NOC from Department.

But without NOC, will result violation of service rules.

If leave have been sanctioned than Y no NOC for travel abroad.

Can petition to administrative tribunal against refusal of NOC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You will definitely get the NOC if you have all the valid documents. You need to check your department service rules for mandatory requirement of NOC.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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