Case Note & Summary
The petitioner, Chandan Shantaram Gunjal, was selected by ONGC for the post of Junior Engineering Assistant (Electrical) pursuant to an advertisement. He was issued an appointment order on April 13, 2023, but was not allowed to join because he had not disclosed his previous employment with Rashtriya Chemicals and Fertilizers Limited (RCF) and had not submitted a No Objection Certificate (NOC) from RCF at the time of document verification on January 9, 2023. The petitioner had resigned from RCF on December 30, 2022, and his resignation was accepted on January 5, 2023. He argued that since he had already resigned, there was no requirement to submit an NOC. ONGC contended that the petitioner suppressed his employment with RCF and failed to produce the NOC, which was a mandatory requirement. The court examined the relevant clauses of the advertisement and the appointment letter. It found that the requirement of NOC was applicable only to candidates who were already in government or public sector employment and sought to join on lien or deputation. Since the petitioner had resigned and was not seeking any such benefit, the condition did not apply. The court also noted that the petitioner had disclosed his employment with RCF in his application and that the suppression allegation was not sustainable. The court allowed the petition, quashed the communication denying appointment, and directed ONGC to permit the petitioner to join within two weeks.
Headnote
A) Service Law - Appointment - No Objection Certificate - Requirement of NOC from previous employer is not mandatory where the candidate has already resigned and is not seeking lien or deputation - The court held that the condition of submitting NOC is intended to regulate cases where the candidate seeks to join on lien or deputation, and cannot be used to deny appointment to a candidate who has already severed ties with the previous employer (Paras 2-10).
Issue of Consideration
Whether denial of appointment to a selected candidate on the ground of non-submission of No Objection Certificate from his previous employer is justified when the candidate had already resigned from the previous employment and was not seeking lien or deputation.
Final Decision
The court allowed the petition, quashed the communication denying appointment, and directed ONGC to permit the petitioner to join the post within two weeks.
Law Points
- No Objection Certificate
- appointment
- previous employer
- public sector undertaking
- resignation
- lien
- deputation
- document verification
