Tuesday, September 7, 2010

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.