• Getting no objection certificates if any disciplinary action pending

Sir,
I have been working in Kendriya Vidyalaya Sangathanan, an autonomous organization under Ministry of Human Resource and Development, Government of India. Now I am under probation for two years. I was hospitalized in February 2019 due to the severe mental torture of my superior and filed a complaint against him by enumerating everything to Regional Office. Now after 4 months , the Regional Office has constituted an inquiry committee regarding my complaint. I lost entire respect to the organization and i want to apply for other job in another organization. Regarding inquiry committee, no colleagues of me may not come to stand beside me because all colleagues are in probation only.
In this regard i have these following queries Please resolve.
1) Can i get No Objection Certificate to attend interview for other Job while committee report is pending

2) Can i get No Objection Certificate if my complaint is proved fake and if any disciplinary proceedings are initiated?

3) Can I get No Objection Certificate if I am under any punishment(like stopping the increments for two consecutive years)
Asked 5 years ago in Labour

3 answers received in 2 hours.

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7 Answers

NOC may be denied in vengeance otherwise NOC cannot be denied in any case except if you have committed financial misappropriation. 

And i don`t think NOC is pre mandatory.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. Since it is a complaint made by you then you can seek NOC to apply for and appear in interview for another job.

2. See if complaint does not survive due to lack of evidence you will get NOC. In case of Disciplinary proceedings they may deny for NOC. 

3. In case of punishment they can deny you NOC.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

you can apply for and obtain NOC to attend interview 

 

2) you would not get NOC if disciplinary actions are initiated against you 

 

3) if complaint is proved fake you may not get NOC 

 

 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

There is no ban in appearing in the interview with any organisation if no NOC is granted. 

you can represent concern department for NOC. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1.Yes

2. Yes you must get. 

3. Then it's difficult

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1.  Have you applied for any job, in that case whether you have applied for NOC with your employer?  The inquiry is against the other employee and not against you hence you may not face problem in getting NOC, but who knows the mood of the authority concerned (?)

 

2. It depends   but your authority should not refuse to furnish NOC, you may initiate legal action on that.

3. You may not be given permission to apply for a job outside until the punishment period is completed.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

  1. Yes you can get the no objection certificate to attend Interview as you are the complainant not the accused.
  2. if your complaint is found fake and a any disciplinary action is taken against you then there are chances that you might not get the NOC from department till inquiry is over.
  3. if you get the punishment they can deny giving you the NOC.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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