Dear Sir/Madam,
Yes, the new organisation may conduct verification with your previous employer even after you have joined, particularly because its offer of appointment expressly requires documents from the previous employer, including the relieving order, Last Pay Certificate and Vigilance Clearance Certificate confirming that no disciplinary/vigilance case is pending.
However, you should distinguish between ordinary employment verification and a communication specifically concerning alleged misconduct.
If the new organisation contacts your present employer after you have joined, the present employer may ordinarily verify matters such as your designation, period of employment, date of joining, date of relieving, last pay drawn and whether any disciplinary/vigilance proceedings are pending. It may also communicate a factually correct response regarding your service.
The more sensitive question is whether your present employer can tell the new organisation that:
"The employee applied to your organisation without obtaining prior permission and was not permitted to apply during probation."
There is no absolute guarantee that the present employer will not disclose this. Your appointment terms apparently contain a restriction on forwarding applications for outside employment during the two-year probation period. Therefore, if the present employer is formally asked for verification, it may disclose that there was a breach of the applicable service condition, particularly if the matter resulted in or is the subject of disciplinary proceedings.
But this does not automatically mean that your new job will be terminated or that you will be treated as lacking integrity.
The most important fact in your favour is that, according to the material you have provided, you did not conceal your existing employment from the new organisation. During the selection process, you disclosed that you were a probationer and stated that you would resign from your present organisation if selected.
That is materially different from a candidate who falsely declares that he is unemployed, has no previous employer, has obtained permission when he has not, or has concealed an existing disciplinary proceeding.
Therefore, if your new organisation later learns that you had applied without obtaining permission, the central question will probably be:
Did you deliberately make a false statement or conceal a material fact from the new organisation?
On the facts you have given me, the answer appears to be no, provided that your attestation form and other declarations are truthful and you disclose your complete employment history.
You should therefore not attempt to hide the first employment in the attestation form. Your plan to disclose the entire employment history is the correct approach.
There is, however, a distinction between disclosing your employment and volunteering unnecessary information about the circumstances of your departure. If the attestation form asks:
"Have you ever been subject to disciplinary proceedings?"
then you must answer that question accurately.
If it asks:
"Have you ever applied for another post without permission?"
then that question must also be answered truthfully.
But if it simply asks for your employment history, you need only provide the employment details requested. You should not create an additional issue by making unnecessary admissions which the form does not ask for.
What happens if the current organisation sends a negative communication?
Suppose the new organisation writes to your current employer and receives a response along the lines of:
"The employee was employed with us from ___ to ___. He resigned on ___. During his probationary period, he applied for outside employment without obtaining prior permission, contrary to the applicable service conditions."
That communication would not by itself establish that you committed fraud or an integrity violation in your new employment.
The new organisation would have to consider:
- What exactly you declared in your application/attestation form;
- Whether you disclosed your existing employment;
- Whether you falsely represented that you had obtained permission/NOC;
- Whether any disciplinary/vigilance proceeding was actually pending;
- Whether you obtained the new appointment through concealment or misrepresentation; and
- What the applicable terms of your new appointment provide concerning verification.
If you had truthfully disclosed that you were employed and would resign if selected, the allegation is essentially that you breached a condition imposed by your first employer, rather than that you deceived the second employer.
That distinction is important.
The biggest risk is actually the vigilance issue
Your new organisation's offer specifically requires a Vigilance Clearance Certificate stating that no disciplinary/vigilance case is pending.
Therefore, your greatest concern should not be whether your first employer might casually mention that you applied elsewhere. The more serious issue would arise if, before or after your joining, your first employer actually initiates disciplinary proceedings against you and the new organisation subsequently receives information that such proceedings were pending when you joined.
If there is no disciplinary/vigilance proceeding pending against you, and you have made no false declaration to the new organisation, the situation is considerably safer.
Conversely, if the first employer issues a memorandum/charge-sheet before your relieving and the new organisation specifically asks whether any disciplinary proceeding is pending, you must not conceal it.
Is your new job "safe"?
I would not give you an absolute guarantee because the final answer depends upon the service rules of both organisations and the exact wording of your appointment/attestation documents.
However, on the facts presently available, I would not regard your situation as one in which the second appointment automatically becomes invalid or unsafe merely because your first employer later tells the second organisation that you applied without prior permission.
Your risk is materially lower because:
- you disclosed that you were already employed;
- you disclosed that you were a probationer;
- you stated that you would resign if selected;
- you are proposing to resign rather than simultaneously hold both posts;
- you are not proposing to fabricate an NOC or vigilance certificate; and
- you intend to disclose your complete employment history in the new organisation's attestation form.
The situation would become significantly more problematic if you were to tell the new organisation that you had obtained prior permission when you had not, submit a false NOC, conceal the first employment, or falsely state that no disciplinary proceeding existed when you knew that one had already been initiated.
I therefore recommend that you adopt a strictly truthful but limited-disclosure approach: disclose everything that the new organisation's forms require, but do not volunteer unnecessary allegations or explanations that are not asked for.
Also, keep copies of your original application to the new organisation and the declaration in which you disclosed your probationer status. If any question is subsequently raised, those documents will be important in demonstrating that you did not misrepresent your employment status to the new organisation.
Finally, if your present organisation does initiate disciplinary proceedings merely because you applied for another post during probation, that would have to be dealt with under its applicable service rules. It would not automatically convert into a criminal case or automatically invalidate your subsequent appointment.
My practical advice is therefore: do not withdraw from the new appointment merely because you are worried that verification might occur. Proceed lawfully, resign properly from the present organisation, obtain your relieving order/LPC, make truthful declarations to the new organisation, and do not manufacture or conceal any clearance document.
If the present organisation subsequently raises an objection, the precise wording of its communication and the service rules under which it acts will determine the appropriate response.