D&A Rule No.15: Provisions Regarding Railway Servants Lent To State Governments, etc.

15.   Provisions Regarding Railway Servants Lent To State Governments, etc. –

(1) Where the services of a Railway servant are lent to any other Ministry or Department of the Central Government or to a 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 authority competent to place the Railway servant under suspension for the purpose of placing him under suspension and of the disciplinary authority for the purpose of conducting disciplinary proceedings against him;

Provided that the borrowing authority shall forthwith inform of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceedings, as the case may be, to the authority, which lent the services of the Railway servant (hereinafter in this rule referred to as “the lending authority”).

(2)   In the light of the findings in the disciplinary proceedings conducted against the Railway servant:-

(i) If the borrowing authority is of the opinion that any of the minor penalties specified in clauses (i) to (iv) of Rule 6 should be imposed on the Railway servant, it may, after consultation with the lending authority, make 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 Railway servant shall be replaced at the disposal of the lending authority.

(ii) If the borrowing authority is of the opinion that any of the major penalties specified in clauses (v) to (ix) of Rule 6 should be imposed on the Railway servant, 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 may deem 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 may deem necessary;

Provided that, before passing such orders, the disciplinary authority shall comply with the provisions of sub-rules (4) and (5) of Rule 10.

Explanation:- The disciplinary authority may make an order under this clause on the record of the inquiry transmitted to it by borrowing authority, or after holding such further inquiry as it may deem necessary, as far as may be, in accordance with Rule 9.