• NOC

.sir i am railway ''d''group employee. i join in march . in the next month i had applied for the post of police in state govt without noc .i ask noc in higher authority. but they told it is not given till 2 years service.in thattime i had little knoledge of noc. so am applied as ,am not have govt job.now am sellected in police now i like to go to police job..if i join police is ther any leagle problem?  but   IN this matter I would like to ask u if i can give resignation on personel ground and join in said post? i don't want any benefit from railways but is it possible? can they deny my resignation? if any leagle problem arise ' how can i face that ? i am not reciving order copy yet. is there any way to take secure job? your help will be very valuable.
Asked 11 months ago in Civil Law from Hubli Dharwad, Karnataka
Without NOC from your employer you cannot join the police. NOC is given in accordance with the rules of the organization. You are free to tender your resignation but the competent authority is not bound to accept it. If the resignation is tendered in accordance with the rules, and it is not accepted, you may move the High Court against railways.
Ashish Davessar
Advocate, Jaipur
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1) you are a govt servant . To apply for another job you need NOC from railways 

2) while applying for police job did you disclose to the authorities that you are employed in railways 

3) if you suppress said fact at time of joining police force and later they come to know about suppression of material fact they can take disciplinary action against you 

4) please clarify the factual position 
Ajay Sethi
Advocate, Mumbai
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1) As per extant instructions as contained in Para 244 of Indian Railway Establishment Code (IREC), Volume-I, Fifth Edition-1985, Third Reprint Edition-2008 reads with Para 1401 of Indian Railway Establishment Manual (IREM), Volume-I(Revised Edition-1989), First Reprint Edition-2009, permission to a Railway servant to submit an application in response to advertised post outside the Railways like to Departments outside the Government of India or under a State Government, shall not ordinarily be refused unless the head of the office or the department in which he is employed considers that the grant of permission would not be consistent with the interest of the public service . The competent authority should interpret the term “public interest” strictly subject to the condition that forwarding of application should be the rule rather than the exception. The cadre controlling authorities would consider each case from the point of view whether the Railway servant could be spared or not, no other general condition should be applied in taking a decision in the case.

2) in your case NOC has been refused by railways

3) further you did not disclose in your application form while applying for police post that you are employed by railways 

4) you may resign from Railways but they railways may refuse to accept your resignation . disciplinary action can be taken against you for applying for police job without NOC 

5) it is in your interest to continue with your present job 

 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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IN this matter I would like to ask u if i can give resignation on personel ground and join in said post? i don't want any benefit from railways but is it possible? can they deny my resignation? if any leagle problem arise ' how can i face that ? i am not reciving order copy yet. is there any way to take secure job? your help will be very valuable.
First of all you have just joined the Railways a month ago hence resignation at this juncture will not hamper your future employment in Police.  
If there is any condition for observing the notice period during the probation/temporary period, you may tender your resignation with the notice period as per employment offer letter or buy the notice period.
This will not create any legal problem. 
You can join the police force once you get the order. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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1.is any other ways to join police job ,without any problem.
If the railways speak the rue of NOC, you have to accept it so there is no harm in it.  Moreover the employment with railways was for very short period hence there is no impact about this even if you reveal or suppress the information with police department.




2 in case i resigne railway  then i join police whate leagle action    will they take ?
No legal action for this.  It is your right to opt for whatever job you feel it to be better


3please tell me weither i join new job or stay with parent job.,
You may analyse the pros and cons of oth the job and decide, nobody can advise on either of the options.



4 in case i join police job ,without noc of railway ,in future if i  got any other job  with noc of police deportment ,is there any problem to that new job.
Subsequent NOC from police department will protect your future employment interests. 

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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