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Indian Law/Forwarding of application for other employment


Dear Sir,
I am working in the capacity of Assistant Professor (UPSC nominee) in a Govt College in a permanent position since 2011. My employer is not forwarding my applications for other employment (such as advertised by UPSC, State PSC, Central & State University etc) on the ground of Public interest. I suppose the term Public Interest has been loosely interpreted by the employer as against the hardship faced by the individual. My other colleagues applications are also rejected on the same ground, and as such we are denied of the opportunity to apply in Institutes of Excellence and a better career growth opportunity.

Kindly suggest what course of action should be taken in this regard.


The Govt. of India has  from time to time issued many guidelines to the affect that the forwarding of applications should be the rule rather than an exception. Normaily every employee is permitted to apply for  outside post subject to a maximum of four.Principle is that prospects of the bright candidates should not be hampered. However,such forwarding of applications Through Proper Channel or submission of NOC at the time of interview  is not required for  Private Sector employment. Further, such  applications of a Government Servant for appointment / employment elsewhere whould not be forwarded viz. if he is under suspension, disciplinary proceeding pending against him or sanction for prosecution had been accorded or charge sheet had been filed in Criminal Court against him.
However, you may lodge a complaint before the grievance cell of the GOI or file a writ.
Please take appropriate actions on the matter in consultatin 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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