Supression of Fact about the Present Employment

If you were in Govt. job and applied for this job without informing your departmental head and without proper channel then it is suppression of fact. If the department which you are going to join ever comes to know, you will be charged under the disciplinary rules and then the documents of your present job will become a prosecution evidence against you to prove the suppression which is also a misconduct. Suppression will lead to further more several suppressions , in Verification rolls, in declaration of the past jobs. in local police enquiry etc. However, if you do not have any enemy and expect also not to create any one in future, you can go on. But mind once again that in service jurisprudence suppression is a misconduct and you are liable to be taken to task and may be terminated even at any stage.

I suggest, if I am supposed to, if you get selected, apply to the authority in your present office stating the fact about your selection specifically mentioning that you were not aware of the provision of intimating the office before applying and request for a post-facto approval and get a received copy of your application. If it is approved post-facto, problem solved. If it is not, at least you will have evidence that you had informed your earlier office before you joined the new one.

For a serving govt. employee, applying to another organisation (govt./pvt.) without previous knowledge of the present employer is always a case of suppression of fact. As far as, post facto approval is concerned, I think, there is no sufficient ground for the present employer to believe that she did not know the rules before forwarding the application. Scope was there for discussion with the controlling Authority but, she was not interested! The ground for according post facto approval is not easy to justify, because it is another suppression of fact to the employer.
If she is lucky enough and the present employer is kind enough, a post facto approval (NOC) may be accorded in her favour. Merely having a received copy of intimation or the post facto NOC from present employer would have no meaning unless the same is duly acknowledged by the new employer. If she is lucky enough and the new employer is kind enough that NOC shall be entertained in the new organisation!
I am afraid. maybe that the whole exercise turns out to be infructuous.

Dear Mr. Ray,
I have bitter experience. Since about 4 months after joining the govt. service I applied to a University for the post of Lecturer under intimation to my office and, not seeking prior permission or not making request for forwarding my original application. I just submitted in my office the photocopy (bearing my original signature) of application and other connected documents just for “kind information”. Frankly speaking I did not know the rules, which is quite obvious for a new entrant in govt. service. Anyway, as a consequence, I received a MEMO from the Director. It was not that I did not inform the office. It was not a case of suppression of fact. But, because of the fact that I did not apply in a proper official manner, in compliance with rules and regulation i.e. THROUGH PROPER CHANNEL. However, I was cautioned and the Boss became satisfied when I explained the eventuality of ignorance of all the govt. rules soon after joining the govt. service. He realised and guided me to write the explanation in proper official style. No further problem. Finally, I could not appear for the interview in the University. I know some young fellows who applied outside the deptt. without consent of employer and, on selection, quitted jobs readily – never looked behind.
With regards.

Dear Mr. Ray,
I have bitter experience. Since about 4 months after joining the govt. service I applied to a University for the post of Lecturer under intimation to my office and, not seeking prior permission or not making request for forwarding my original application. I just submitted in my office the photocopy (bearing my original signature) of application and other connected documents just for “kind information”. Frankly speaking I did not know the rules, which is quite obvious for a new entrant in govt. service. Anyway, as a consequence, I received a MEMO from the Director. It was not that I did not inform the office. It was not a case of suppression of fact. But, because of the fact that I did not apply in a proper official manner, in compliance with rules and regulation i.e. THROUGH PROPER CHANNEL. However, I was cautioned and the Boss became satisfied when I explained the eventuality of ignorance of all the govt. rules soon after joining the govt. service. He realised and guided me to write the explanation in proper official style. No further problem. Finally, I could not appear for the interview in the University. I know some young fellows who applied outside the deptt. without consent of employer and, on selection, quitted jobs readily – never looked behind.
With regards.

Dear Dr. Majumdar,
That’s why I suggested to apply to the present appointing authority specifically mentioning that she was not aware of the provision of intimating the office before applying and request for a post-facto approval…. In such cases, normally the Office approves.

@A.Ray,
The female govt. employee may be working as a temporary employee. In case of a temporary employee the liabilities of the govt. is very less. Again the employee may have liberty to quit job which is yet to become secured. Moreover, she has option to leave the present service after completion of one month notice. She is after all a female employee to get mercy/kindness from her office. These are the strong points which may make up her fault of suppression of facts. Considering the situation can her office issue NOC?

@bithi_dutta,
In the given situation, it does not matter whether she is permanent or temporary. The problem, even, relates least to her present employment. Maximum she can lose some benefit like counting her past service towards pensionary benefit (she is not reluctant to forego it) for not applying through proper channel. Her present office can’t restrict her leaving the job or joining elsewhere either. It will rather be a matter of suppression of material fact to her new Office. If the new office maintains a system of Verification of Antecedents, she will face problem while filling up related columns as I said earlier. I don’t know how her present Office administration likes to think, but in such cases, usually, a Office approves, especially if the application specifically states that as a new entrant, the applicant was ignorant of the extant rules in this regard. Mr. Majumdar has, however, shared with us a bitter experience in contrast with those of mine. Actually it depends, because Authorities are after all human beings. So, nature varies.

here any one have any idea …last year calcutta high court ordered to govt to accept the suppressed qualification in govt service. who was the judge or date of order or
related information regarding this issue.