Can a government institute deny NOC to employee for changing jobs?


The government cannot refuse to give no objection certificate (NOC) to an employee on “vexatious technical grounds” if no public interest was involved, the Central Administrative Tribunal has said. Government can refuse to give NOC if public interest is involved as for instance there is shortage of professors and your departure would be inconvenient. If NOC is not granted within reasonable time it would not be considered as deemed to be grated. You are at liberty to file a petition in Central Administrative Tribunal if No Objection Certificate is rejected or not issued.

The management cannot refuse to give NOC for frivolous reasons merely because government takes time in appointing new employees is no ground to refuse NOC. Management cannot deny to issue NOC because of policy decision not to issue NOC. In many cases if the organisation does not send any refusal within 30 days of the closing date of application it is presumed that your letter is accepted and no denial is made.

You do not have to take any NOC during interview and the only reason why you are submitting the intimation is that, it will enable your office to relieve you on time if you are selected during the procedure.

Reference: Section 149 of The Customs Act, 1962



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