OCS Rules 19Chapter V · Discipline

Section 19 · Provisions regarding Officers lent to the Union or other State Government, etc

(1)

Where the services of a Government servant are lent to the Union or another State Government or an authority subordinate thereto or to a local or other authority (hereinafter, in this rule, referred to as the "borrowing authority") the borrowing authority shall have the powers of the appointing authority for the purpose of placing him under suspension in accordance with Rule 12 and of the disciplinary authority for the propose of taking disciplinary action against him ;Provided that the borrowing authority shall forthwith inform the authority which lent his services (hereinafter, in this rule, referred to as the 'lending authority') of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceedings, as the case may be ;Provided further that if the borrowing authority is other than the Union or a State Government, the concurrence of the lending authority shall be taken before such action is taken except that in the event of the Government servant being implicated in a criminal case such action can be taken by such borrowing authority against him in anticipation of such concurrence. In the event of disagreement between the borrowing and the lending authorities, the services of the Government servant shall be replaced at the disposal of the later.

(2)

In the light of the findings in the disciplinary proceedings taken against the Government servant-

(i)

if the borrowing authority is of the opinion that any of the penalties specified in Clauses (i) to (v) of Rule 13 should be imposed on him, it may, in consultation with the lending authority, pass such orders on the case as it deems necessary.

Provided that, in the event of a difference of opinion between the borrowing authority and the lending authority, the services of the Government servant shall be replaced at the disposal of the lending authority.

(ii)

If the borrowing authority is of the opinion that any of the penalties specified in Clauses (vi) to (ix) of Rule 13 should be imposed on him, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry, and, thereupon, the lending authority may, if it is the disciplinary authority, pass such orders thereon as it deems necessary or, if it is not the disciplinary authority submit the case to the disciplinary authority which shall pass such orders on the case as it deems necessary.

Provided that in passing any such order the disciplinary authority shall comply with the provisions of Sub-rules (10) and (11) of Rule 15.Explanation - The disciplinary authority may make an order under this clause on the record of the inquiring transmitted by the borrowing authority or after holding such further inquiry as it may deem necessary.

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