Back
SANJEEV SACHDEVA, MANOJ JAIN
Abhishek Manoj Warthi – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner impugns letter dated 31.01.2023 whereby the application of the petitioner for grant of No Objection Certificate for taking up an outside job has been declined.
2. Petitioner joined the Indian Coast Guard on the post of Navik on 12.02.2013. On 19.04.2016, petitioner successfully completed the probation period and was confirmed in the service. On 01.11.2022, petitioner was promoted to the post of Pradhan Navik.
3. On 28.11.2022, Visvesvaraya National Institute of Technology, Nagpur advertised posts of Technical Assistants. Petitioner applied for the post through online mode and also requested the respondent for grant of a No Objection Certificate. Application of the petitioner was recommended by the Commanding Officer on 30.12.2022. However, said application was rejected by the impugned letter dated 31.01.2023. The impugned letter dated 31.01.2023 rejects the application on the ground that the same was not approved in terms of para 1(c) of Policy dated 03.08.2017.
4. Learned counsel for the petitioner submits that petitioner had joined the Indian Coast Guard, initially on probation, however, on completion of his probation he was conf
The main legal point established in the judgment is that a confirmed member of the Coast Guard should not be denied an NOC based on probation in the next rank, and the decision should be in accordanc....
The main legal point established in the judgment is the requirement to consider specific rules and previous judgments when making decisions regarding No Objection Certificates for outside employment ....
The court emphasized the importance of complying with the Guidelines dated 03.08.2017 in the decision-making process and allowed the petitioner to challenge the decision before the appropriate forum ....
Inaction of the respondent-Authorities in not granting permission cannot be a reason to penalize the petitioners, and rejection of applications after participation in the recruitment process and sele....
The arbitrary nature of the condition of possessing Skill Grade 'A' and the lack of necessity for the IAF to retain the petitioner influenced the court's decision to issue mandamus for the grant of N....
Point of Law : Petitioner was on probation, therefore, his service can be terminated, cannot be accepted in the light of Rule 3(3) & 4 of Rules, 2013 alongwith Schedule-B for promotion.
Resignation is a fundamental right of an employee and cannot be denied by the employer on grounds of staff shortage or operational exigencies unless disciplinary proceedings are pending or specific c....
Compliance with mandatory provisions of AFO 33/2017 is essential for seeking NOC and Discharge Order for joining a civil post.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
