There is threats to your job.

Please approach HR department of State Government for NOC and submit it to your New Employer who would accept it.

You may continue with your job. No threats. 

If executive engineer had no authority to issue NOC then it would be invalid 

2) they would not terminate your services as nOC had been issued to you to appear for interview although it was not issued by authorised person 

You would not lose your job 

The said authority is given by HOD of your department or any other person stated in your service rules. 

There is No threat to your new job.

Executive Engineer had the powers that's why he issued NoC

No, they generally want your immediate senior to give the NOC.

1. If you have applied for NC through the proper channel and the same has come through a particular office then you are not concerned with its validity anymore. 

2. Even if in reality this office didn't have power to grant you NOC it was exercised in regular manner and in good faith. 

3. So this power is exercised by the officer though I'm good faith but in regular way is considered to be the de facto officer. 

In other words you don't have any threat to your job.

Legally appointing authority is entitled to give the NOC but EX.En is also a authority acting on behalf of the Government and is head of the organization so he can issue , they should accept it,in this connection please see the delegation of power of the Ex.En Saheb in which it is mentioned.

You job is secure and If you do not wish to claim any service benefits or pay protection or technical resignation then you may resign the current employment and can join the other employment without taking NOC.

NOC is provided by head of the department.

Dear Sir,

In some circumstances, the NOC by the executive engineer will be also valid and you may approach High Court for regularise the same.  

- As per rule , to get an NOC is a mandatory statutory requirement before applying a new job .

- Further , for getting the NOC for the same , an application should be moved through proper channel only. 

- Further,as per service rules, if you have a post in one department, you can not be prevented from applying for another government job in another department or in the same department provided that the pay scale for the post applied for is more than your present scale.

- Since, you was working under the supervision of the divisional head i.e Executive Engineer office. hence as per proper channel , your option was only to apply for getting the NOC from the said office, and that's why the said office being the competent authority , issued NOC to you. 

- Further, it is clear that before issuing the said NOC to you , the said office has passed information of the same from the office of the higher authority like member Secretary of govt. department. 

- Hence , the said NOC is not invalid being the competent to issue of the same. 

- However, you should move an application before the office of the Executive Engineer after narrating the said objection by the new employer , to issue a new NOC and approval letter . 

You will get your NOC according to norms and rules of the department. Generally NOC given by Executive Engineer is also Valid. 

no need to worry, approach before HOD with Noc issued by Executive Engg. 

no need to worry, approach before HOD with Noc issued by Executive Engg. 

1. No there is no threat to your job because NOC was issued to you on basis of which you joiner the new job.

2. You can take defence that executive engineer was your officer if he doesn't have powers to issue NOC then he should have guided you to the department which issues NOC from the job. 

The appointing authority is the competent authority to give NOC also.

The member secretary of government of Maharashtra is not the appointing authority, and if your original appointment letter was signed by the executive engineer, then he is the competent authority. You ascertain the facts and raise this issue by a written representation, failing to invoke positive response, you may resort to legal actions in furtherance. 

If you have already obtained NOC, then what is the problem that you face now?