R/Sir
When I was unemployed, I was appeared in the interview of two central govt. PSUs {let the name of PSU be ‘X’ and ‘Y’} and got selected in ‘X’. I had joined ‘X’ with all the basic formalities and by signing the bond for serving at least 4 years and if failed to serve, I have to deposit notice period pay of 03 month. ‘X’ has issued my joining letter after some days of joining, but after 20 days of joining I had got selected in ‘Y’ also. I had decided to join ‘Y’. Therefore I had send (15 days back date) resignation on personal ground to ‘X’, in my resignation letter I had not disclosed about my selection in 'Y'. Since without NoC from previous employer, I was not supposed to join ‘Y’, so I had decided not to disclose my previous employer detail in attestation form (by ignoring the warnings of attestation form). I had completed one month in ‘Y’. I was in probation in 'X' and now I am in probation in 'Y' also. 'X' had not given any response to my resignation. I am having only receiving of my resignation. They had not issued any relieving letter and they had not asked to pay notice period pay till date after lapses of 03 months. At the time of Joining 'Y',I had not mentioned any detail in 11(a),point of attestation form given in the link " http://sscsr.gov.in <link fixed> [1].pdf " My query is that:- (1)If by any means ‘Y’ came to know about my previous employment with ‘X’, can any disciplinary action against me will be initiated?? (2)Could I submit NoC of ‘X’ after few months? (3)What will happen if I will submit NoC after any action against me??? (4)Does 'Y' can start enquiry on anonymous complaint.
Waiting for your valuable and kind advice please
Regards
Atul Kumar
From India, Delhi
When I was unemployed, I was appeared in the interview of two central govt. PSUs {let the name of PSU be ‘X’ and ‘Y’} and got selected in ‘X’. I had joined ‘X’ with all the basic formalities and by signing the bond for serving at least 4 years and if failed to serve, I have to deposit notice period pay of 03 month. ‘X’ has issued my joining letter after some days of joining, but after 20 days of joining I had got selected in ‘Y’ also. I had decided to join ‘Y’. Therefore I had send (15 days back date) resignation on personal ground to ‘X’, in my resignation letter I had not disclosed about my selection in 'Y'. Since without NoC from previous employer, I was not supposed to join ‘Y’, so I had decided not to disclose my previous employer detail in attestation form (by ignoring the warnings of attestation form). I had completed one month in ‘Y’. I was in probation in 'X' and now I am in probation in 'Y' also. 'X' had not given any response to my resignation. I am having only receiving of my resignation. They had not issued any relieving letter and they had not asked to pay notice period pay till date after lapses of 03 months. At the time of Joining 'Y',I had not mentioned any detail in 11(a),point of attestation form given in the link " http://sscsr.gov.in <link fixed> [1].pdf " My query is that:- (1)If by any means ‘Y’ came to know about my previous employment with ‘X’, can any disciplinary action against me will be initiated?? (2)Could I submit NoC of ‘X’ after few months? (3)What will happen if I will submit NoC after any action against me??? (4)Does 'Y' can start enquiry on anonymous complaint.
Waiting for your valuable and kind advice please
Regards
Atul Kumar
From India, Delhi
Dear Mr. Atul kumar,
You attended interview at company X & Y, then joined X. Thereafter, got selected in Y. Without informing the fact to X, sent resignation letter to X and joined Y. Also, you did not tell Y that you were employed with X. Frankly speaking you have made a series of blunders. In fact, you were not required to obtain NOC for resigning and joining Y, because at the time of interview you were not employed, from the statement given above. If you were keen to join Y, you should have resigned telling the truth of your new employment, and there was nothing to stop you from joining Y. Only thing is that, you should have served the notice period or pay notice pay in lieu of the same. Since, both companies were PSUs, you would have an option for transfer of bond to the new company (I am telling this from personal experience too). Now, your queries:
(1) If by any means ‘Y’ came to know about my previous employment with ‘X’, can any disciplinary action against me will be initiated??
Yes. They can. For suppression of information while joining the company, dishonesty etc.
(2) Could I submit NoC of ‘X’ after few months?
I don't think X can issue an NOC at this stage, after your resignation (also in a situation of not resigning properly). NOC is given for attending test/interview or permission to apply, while in service, and you need to apply with proper documents. This was not applicable to you when you were with X, since you already had given interview at Y (before joining X). is it possible now to get NOC?
(3)What will happen if I will submit NoC after any action against me???
Same as above for NOC. Once the action is initiated, there is no point in the same.
(4)Does 'Y' can start enquiry on anonymous complaint.
Yes, they can. But whether to take action or not can be decided by Y. and only Y can save you from drastic action due to your ignorance of rules etc. (though it is not a legally valid ground). Also, note that X can also take action, if they want, on their own or write to Y to take action against you, since you are on double employment technically as you are not relieved from X.
From India, Bangalore
23You attended interview at company X & Y, then joined X. Thereafter, got selected in Y. Without informing the fact to X, sent resignation letter to X and joined Y. Also, you did not tell Y that you were employed with X. Frankly speaking you have made a series of blunders. In fact, you were not required to obtain NOC for resigning and joining Y, because at the time of interview you were not employed, from the statement given above. If you were keen to join Y, you should have resigned telling the truth of your new employment, and there was nothing to stop you from joining Y. Only thing is that, you should have served the notice period or pay notice pay in lieu of the same. Since, both companies were PSUs, you would have an option for transfer of bond to the new company (I am telling this from personal experience too). Now, your queries:
(1) If by any means ‘Y’ came to know about my previous employment with ‘X’, can any disciplinary action against me will be initiated??
Yes. They can. For suppression of information while joining the company, dishonesty etc.
(2) Could I submit NoC of ‘X’ after few months?
I don't think X can issue an NOC at this stage, after your resignation (also in a situation of not resigning properly). NOC is given for attending test/interview or permission to apply, while in service, and you need to apply with proper documents. This was not applicable to you when you were with X, since you already had given interview at Y (before joining X). is it possible now to get NOC?
(3)What will happen if I will submit NoC after any action against me???
Same as above for NOC. Once the action is initiated, there is no point in the same.
(4)Does 'Y' can start enquiry on anonymous complaint.
Yes, they can. But whether to take action or not can be decided by Y. and only Y can save you from drastic action due to your ignorance of rules etc. (though it is not a legally valid ground). Also, note that X can also take action, if they want, on their own or write to Y to take action against you, since you are on double employment technically as you are not relieved from X.
From India, Bangalore
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