Govt cannot refuse NOC to employee on technical grounds: CAT
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. "Denial to grant NOC is not sustainable as it is not the case of Ministry of Defence that there is a shortage of officers and the applicant's departure would be greatly inconvenient...Neither public interest is pleaded nor could it be established," a bench of CAT, comprising Chairman V K Bali and Vice Chairman L K Joshi, said.
The tribunal passed the order on a plea filed by Satyam, Assistant Medical Officer working with the Ordnance Factory Hospital, which had rejected her application seeking permission to appear in an interview for the post of Insurance Medical Officer in Employees State Insurance Corporation (ESIC). The Ministry had rejected Satyam's request on the ground that the last date of submission of application was over.
"The only claim of the Ministry is that the application was not submitted before the expiry of time for its submission to ESIC.
This is merely a vexatious technical objection," the tribunal said.
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4 comments:
Dear BP,
Please confirm if same is applicable to Army officers or they have to go to Armed Forces Tribunal
Anony above
I am not sure about AF officers but will be applicable for CPOs
No. 19024/1/2009-E.IV
Government of India
Ministry of Finance
Department of Expenditure
***
New Delhi, dated the 16th September, 2010
Office Memorandum
Subject: Guidelines on Air Travel on Tours / LTC.
This Department is receiving repeated references seeking clarifications with regard to purchase of Air tickets through authorized agents and relaxation for travel by Airlines other than Indian Airlines. The following guidelines may be noted for compliance:
1. On Official Tours :
(i) For travel by Airlines other than Air India because of operational or other reasons or on account of non-availability of Air India flights, individual cases for relaxation to be referred to M/o Civil Aviation, as stated in this Ministry’s OM No. 19024/1/2009-E.IV dated 13.07.09.
(ii) Air Tickets may be purchased directly from Airlines (at Booking counters/Website of Airlines) or by utilizing the services of Authorized Travel Agents viz. M/s Balmer Lawrie & Company, M/s Ashok Travels & Tours.
2. LTC :
(i) Travel by Air India only.
(ii) In Economy class only, irrespective of entitlement.
(iii) LTC-80 ticket of Air India only to be purchased.
(iv) Air Tickets may be purchased directly from Airlines (at Booking counters / Website of Airlines) or by utilizing the services of Authorized Travel Agents viz. M/s Balmer Lawrie & Company, M/s Ashok Travels & Tours and IRCTC (to the extent IRCTC is authorized as per DoP&T OM No. 31011/6/2002-Estt.(A) dt. 02.12.09).
3. LTC for J&K :
(i) Relaxation to travel by Private Airlines to visit J&K while availing LTC is available to all the categories of Govt. employees, including those entitled to travel by Air [DoPT OMs No. 31011/2/2003-Esst.(A-IV) dated 18.06.10 and 05.08.10 refer].
(ii) For purchase of Air tickets, however, the procedure as given under para 2 (iv) above should be followed.
4. All Ministries/Departments of Govt. of India are requested to strictly adhere to these instructions.
Sd/-
(Karan Singh)
Under Secretary to the Govt. of India
Dear Sir,
Please confirm if the same is applicable for Postal Employees. My request for issue of NOC for appearing in interview is rejected on the ground that there is shortage of staff in division and my services can't be spared with our department.
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