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Indian Law/regarding no objection certifitcate


sir,i am working in central govt. department and i got call for interview from semi government department . i have also took permission to apply for that exam. Now i want No objection certificate and work experience certificate as required by semi govt department at the time of interview, i have given an application to my employer for this, but he write in file about ruling . so please can you tell me the ruling regarding this.

Freedom of changing employment for improving service conditions is a vital and important right of an employee under Articles 14 and 16 of the Constitution of India and such right cannot be restricted or curtailed vide decision of the Delhi High Court in the case of American Express Bank Ltd. vs. Ms. Priya Puri, 2006 LLR 683,.
Similarly,Punjab & Haryana High Court in the case of  Dr.(Miss) Subhash Kaushal v. State of Punjab & others II - LLJ 1982  held that  non-forwarding of application amounts  to violation of Human Rights as it is affecting the Rights relating to Life, Liberty, Equality and Dignity of the individual guaranteed by the Constitution as per the provisions under Section 2(1)(d) of the Protection of Human Rights Act, 1993.
Further, terms of employment are governed by the provisions of the Contract Act and such instructions are against Public Policy.
Govt. of India through its various Administrative Instructions has also advised that the applications of employees for outside employment for their career advancement should be forwarded as a matter of Rule except in cases where they can be withheld in public interest e.g. when a disciplinary proceeding is pending against an employee.
In view of the above,in the instant case, you have a strong case to fight for it.However,since they have already permitted you to appear for the exam. according to me i.e. sufficient NoC to appear for the interview and no further NoC is necesary to appear for the inteview.Moreover, your appointment letter and release order will be sufficient proof of your experience in the existing organisation/Gove. Dept.
Please take appropriate action in the matter in consultation with a service lawyer.

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Arun Kumar Maitra


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.


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.

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



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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