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Indian Law/NOC letter at the time of Walk in Interview

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Question
QUESTION: Dear Sir,

I have been working in Quasi-government organization since last 6 yrs under probation. my questions are as follows:
1] I had applied at semi-government College and as per advertisement NOC was to produced at the time of Walk in interview. Unfortunately I do not get any any guidance from HRD Dept. Due to non-availability of NOC I could not attend Interview. Hence I want to know what is the procedure to avail NOC?
2] Just to appear in an Interview does not give guarantee to get the job then how it can affect my current service?
3] If employer deny/ not issue NOC within time frame what employee can do?

ANSWER: An employee of a Govt./semi-Govt. Organisation can apply to Govt./semi-Govt. Organisation through proper channel only.Otherwise they are not eligible to appear for interview.However, such ''NoC'' can be submitted even at the time of interview also.If you appear for interview without ''NoC'',subsequently your selection may be challeged by somebody before the court for violating interview condition.Even if are not selected ,it will not affect your service in the present Organisation.There is a DPE Guideline for transfer benefit when an employee applies through prper channel.The object is to encourage free mobility of the employees.However,it is fully at the discretion of the emloyer to allow or dis-allow NoC to his employee and nothing could be done against them for the same.

---------- FOLLOW-UP ----------

QUESTION: Dear Sir,

Thank you for your reply, in reference to your reply my followup questions are as follows:
1]Is it mandatory for employee who is working under probation to apply through proper channel only though his service is not confirmed?
  
2]Can organization deny to forward our application through proper channel by giving reason that only two application in a year may be forwarded through proper channel.

3] is it require to avail NOC every time or NOC received once is valid for further walk in interviews?

With regards,

Answer
My comments relating to your queries are given below:
(1).It is mandatory for every confirmed employee working in a Govt./Semi-Govt. Organisations to apply only through proper channel.A probationer till confirmation is not entitled to apply for employment in another Govt./Semi-Govt. Organisations.
(2).It is fully at the discretion of the employer to forward the application,even if the employee is entitled to apply.It may reject the request by giving reason that only two applications in a year may be forwarded through proper channel by quoting the applicable service rules of the Organisation.
(3).It is necessary every time to apply for a fresh ''NoC'' in accordance with the Derive Rules of the Organisation.
The above is an example of relevant service rules of Govt./Semi Govt. Organisations.However, you may go through the relevant Service Rules of your Organisation and follow the same.

Indian Law

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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