Can I Face Trouble for Joining a New PSU Without an NOC from My Previous Employer?

Dear Sir,

When I was unemployed, I appeared for interviews at two central government PSUs (let the names of the PSUs be 'X' and 'Y') and got selected at 'X'. I joined 'X' after completing all the basic formalities and signing a bond to serve for at least 4 years. If I failed to serve, I would have to deposit a notice period pay of 3 months. 'X' issued my joining letter a few days after I joined. However, 20 days after joining, I was also selected by 'Y'. I decided to join 'Y'. Therefore, I sent a backdated resignation (15 days prior) on personal grounds to 'X'. In my resignation letter, I did not disclose my selection at 'Y'. Since I was not supposed to join 'Y' without an NOC from my previous employer, I decided not to disclose my previous employment details in the attestation form, ignoring the warnings on the form. I have completed one month at 'Y'. I was on probation at 'X', and now I am on probation at 'Y' as well. 'X' has not responded to my resignation. I only have the receipt of my resignation. They have not issued any relieving letter, nor have they asked me to pay the notice period pay, even after 3 months have passed.

At the time of joining 'Y', I did not mention any details in point 11(a) of the attestation form, which can be found at the link: http://sscsr.gov.in <link fixed> [1].pdf.

My Queries Are:

1. If by any means 'Y' comes to know about my previous employment with 'X', can any disciplinary action be initiated against me?
2. Could I submit the NOC from 'X' after a few months?
3. What will happen if I submit the NOC after any action has been taken against me?
4. Can 'Y' start an inquiry based on an anonymous complaint?

Waiting for your valuable and kind advice, please.

Regards,
Atul Kumar

Dear Mr. Atul Kumar,

You attended an interview at company X & Y, then joined X. Thereafter, you got selected in Y. Without informing X, you sent a 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 an NOC for resigning and joining Y because, at the time of the interview, you were not employed, as stated above. If you were keen to join Y, you should have resigned, telling the truth about your new employment, and there was nothing to stop you from joining Y. The only thing is that you should have served the notice period or paid notice pay in lieu of the same. Since both companies were PSUs, you would have had an option for the transfer of the bond to the new company (I am telling this from personal experience too).

Your Queries

(1) If by any means 'Y' comes to know about my previous employment with 'X', can any disciplinary action be initiated against me?

Yes, they can. For suppression of information while joining the company, dishonesty, etc.

(2) Could I submit an NOC of 'X' after a 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). An NOC is given for attending a 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 an interview at Y (before joining X). Is it possible now to get an NOC?

(3) What will happen if I submit an NOC after any action is taken against me?

Same as above for NOC. Once the action is initiated, there is no point in the same.

(4) Can 'Y' start an inquiry on an 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 technically on double employment as you are not relieved from X.

Regards