• Travelled abroad without NOC from university

I work as assistant professor in Delhi Government state university. I have applied for NOC with the duly filled performa released by DOPT, to travel abroad on a private visit, where all expenditure will be borne by me. I applied for NOC almost 5 weeks before the scheduled departure. It has been 2 weeks and I have not yet been given NOC. The registrar of the university also delayed giving NOC last time when i had to visit germany and due to that i could not apply for visa that time. This time the country i am travelling to has visa-on-arrival. 
also, the duration for which i am travelling, there are no classes as per academic calendar as student have exams . so my absence would not hamper anything. My department Head has also sanctioned my leave

I wish to know 1) should i buy tickets and proceed on leave as per informed dates without NOC
2) what actions can my university take?
3) My university is harassing me since two years now. what actions can i take ?
Asked 3 months ago in Labour

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5 Answers

If leave sanctioning authority and the competent authority may sanction leave to a Government servant to go abroad, it is clear that no separate NOC is required. The instructions on the subject apart, it belies common sense as to why NOC to go abroad would be separately required if leave of an employee specifically asked to go abroad has since already been allowed, particularly when both the orders, be it grant of leave to go abroad or NOC to go abroad, are to be accorded by the same person.

2) if you are granted leave then no NOC is required 

 

3) you can book your tickets 

 

4) university may take disciplinary action if no leave has been sanctioned 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

1. If your service regulation prescribed getting NOC as mandatory precedent then you can not travel without this to avoid future disciplinary action.

2. As per the service Rule and Regulation.

3. Write to the higher authority or change the institution. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

You come under the government employee category hence you would be required to obtain NOC from your authority to travel abroad.

If you still proceed without NOC then your competent authority can initiate departmental action against you for defying the regulations and rules.

If you are not able to get along with this working atmosphere you may decide to change the employer.

T Kalaiselvan
Advocate, Vellore
87425 Answers
2348 Consultations

Dear Client,

Here is the possible response to your queries.

1) In your case, purchasing tickets and proceeding on leave without NOC is not advisable. Government employees, as you are also part of this system at universities, have Indian law making it necessary to obtain a No Objection Certificate for foreign travel as a check to transparency and accountability, as per the guidelines of the Department of Personnel and Training, DoPT. Hence, proceeding without NOC may call for disciplinary action in the form of treating the absence as unauthorized leave, issuing a show-cause notice or suspension for non-compliance.

2) Such actions may be taken by the university under the service conduct rules governing the behavior of government employees. In fact, the consistent refusal or even delay in the issuance of the NOC may well be a basis for a complaint under the rubric of harassment. You may file a formal grievance with the committee of the university, pointing out the unwarranted delay when all conditions are satisfied, including consent from your Head of Department, and there would be no implication on classes.

3) If it is a recurring issue, you would be well advised to take up the issue with the UGC and approach the CAT seeking redress for the delay and harassment inflicted upon you under service rules. You may even file a writ petition in the High Court for redress for the undue delay and non-issuance of the NOC, which hinders your rights and causes unwarranted distress.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

1. As per rule even if there is no classes , then also the NOC is required to travel abroad for you being a government employee.

- You can send a reminder to the office of the registrar for grant of NOC on urgent basis 

2. If you proceed with your trip without the NOC, the university can initiate disciplinary action after issuing a show cause notice or Memo

3. You can approach the higher authorities such as the Vice-Chancellor or even the Education Department of the Delhi Government. 

- Further, you can also file a complaint before the Court against the harassment 

 

 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

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