Section 19 in Kerala Civil Services (Classification, Control & Appeal) Rules, 1960
19. Provisions regarding officers lent to other Government, etc.
(1)Where the services of a Government servant are lent to another Government - Central or State - 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 and of the Disciplinary Authority for the purpose of taking a disciplinary proceeding 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 proceeding, as the case may be.(2)In the light of the findings in the disciplinary proceeding taken against the Government servant,-(i)If the borrowing authority is of the opinion that any of the penalties specified in items (i) to (iv) of rule 11 (1) 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 placed at the disposal of the lending authority.(ii)If the borrowing authority is of the opinion that any of the penalties specified in items (v) to (ix) of rule 11(1) 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 (11) and (12) of rule 15.Explanation. - The Disciplinary Authority may make an order under this clause on the record of the inquiry transmitted by the borrowing authority or after holding such further inquiry as it may deem necessary.(3)in case where the borrowing authority has not initiated disciplinary proceedings against a Government servant before his services have been returned to the lending authority for acts committed by him while serving under that authority, the lending authority may, at its own motion or on the request of the authority, to which the services of the Government servant had been lent, initiate disciplinary proceedings against the Government servant in accordance with these rules and impose any of the penalties specified in sub-rule (1) of rule 11.
