• Can a central government employee go abroad for short duration if internal vigilace is going again

Need to go abroad for a very short duration to attend a family member occasion, but have an internal vigilance case pending related to gling abroad where leave was denied after 21 days. 

Can I apply for NOC permission and any chance of approval or rejection. What can I do if its rejected?
Asked 3 years ago in Labour

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7 Answers

For minor issues the department should not deny leave unless a person is a flight risk.

You may file a petition before the high court in case tye government rejects your application on arbitrarily.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. What is the nature of case? Has chargesheet been given to you?

2. If no FIR has been registered against you then you are free to go abroad with the prior approval of competent authority in your department.

3. In all fairness if you give them a complete itinerary then permission should be granted, but if it is denied then you can challenge the denial of permission by filing a Writ Petition in the High Court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can apply for permission to go abroad for attending family function 

 

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 is presumed that permission has been granted 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

- As per rule, you can avail of study leaves for not more than 12 months at a time, and 24 months in your entire career.

- Further, you have to take permission from the head of your department

- Further, if there is internal vigilance case is pending against you , then they cannot deny to give approval only on this ground and except a court order. 

- You can approach the court on rejection of the application of leave. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You  can submit an application seeking permission to travel abroad for a short period owing to the reason for attending the family  function proposed to be held in that country 

If the authorities reject your application citing the pending inquiry as reason, you may file a writ petition before high court seeking its direction to the concerned authorities to permit you to travel abroad for the requested short period for the convincing reason that you have stated before high court. 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Dear Sir,

1. Yes you may apply for an NOC permission

2. 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.

3. If your NOC is rejected, you may not be permitted to travel abroad

Thank you, 

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Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

Leave station only once your ;eave application is approved. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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