• Possibility of joining a govt. dept without NOC from current emp

Dear Sir
I am holding a post in Govt. office for last 4 years. My employer does not provide me the NOC. Therefore, I applied for another Govt job without NOC and hided the fact that I am already a govt. servant. Subsequently, I have been selected to the post applied for without NOC.
Now, what should I do.
a) Is there any possibility of joining the new job without NOC ?
b) Can I produce the release order from my current job and submit the same to my new employer   and request to grant me joining without any benefit of past services as I did not apply through proper channel or NOC
c) If i join the new job hiding all the history of my past services then what happens with the amount i have in my Permanent Retirement A/C No. (PRAN) i.e. 400000 aprx.

Thank you very much sir
Eagerly waiting for your reply.
Anand Agarwal
Asked 8 months ago in Labour from New Delhi, Delhi
1.  If you do not wish to claim any service benefits or pay protection or technical resignation then you may resign the current employment and can join the other employment without taking NOC.

2.  Yes you can do that.

3.  On resignation from your current employment you will be notified about this amount due to you and shall be given an option to transfer or withdraw as per the eligible conditions.  You may enquire the same from administrative office of the current employment and proceed as per the guidance shown.
T Kalaiselvan
Advocate, Vellore
16551 Answers
153 Consultations
5.0 on 5.0
1) you ought to have applied through proper channel submitted NOC from your employer then appeared for interview 

2) you have supressed material facts from your new employer 

3) on fraud being discovered disciplinary action would be taken against you 

4) it is better before joining you disclose fact that you are a govt servant and had not disclosed said fact earlier 

Ajay Sethi
Advocate, Mumbai
26185 Answers
1422 Consultations
5.0 on 5.0
1. Most govt employers seek a NOC from existing employer before inducting a govt employee. If the new employer permits you to join without NOC then you can join but the previous employer can initiate disciplinary proceedings against you if it decides to not to relieve you.

2. Concealment of material facts, such as the status of your current employment, is a ground for termination of an employee and also for his criminal prosecution.

3. The amount in your PRA cannot be attached by your new employer. 
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0

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