D&A Rule No.16: Provisions Regarding Officers Borrowed From Central Or State Governments, etc.

16.   Provisions Regarding Officers Borrowed From Central Or State Governments, Etc.:-

(1) Where the services of a Government servant from any Ministry or Department of the Central Government other than the Ministry of Railways, or a State Government, or an authority subordinate thereto, or of a person from a local or other authority (hereinafter in this rule referred to as “the lending authority”) are borrowed for appointment to a service or post under the Ministry of Railways, the authority which appointed him to that service or post (hereinafter in this rule referred to as “the borrowing authority”) shall have the powers of the lending authority for the purpose of placing such Government servant or person under suspension or for conducting disciplinary proceedings against him;

Provided that where an order suspending such Government servant or person is made or a disciplinary proceeding is conducted against such Government servant or person, the borrowing authority shall forthwith inform the lending authority of the circumstances leading to the order of suspension or, as the case may be, the commencement of the disciplinary proceedings against such Government servant or person.

(2)   In the light of the findings in the disciplinary proceedings conducted against such Government servant or person:-

(i) If the borrowing authority is of the opinion that any of the minor penalties specified in the rules by which such Government servant or person is governed, should be imposed on him, it may, after consultation with the lending authority, pass such orders on the case as it deems necessary, in accordance with the said rules;

Provided that in the event of a difference of opinion between the borrowing authority and the lending authority, the services of such Government servant or person 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 the rules by which such Government servant or person is governed, 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 pass such orders thereon as it may deem necessary.