Section 38 in The Tripura Board of Secondary Education (Terms and Conditions of Appointment and Discipline of the Employees) Rules, 1982
38.
(1)Where the service of an employee is lent to State Government or authority subordinate thereto or to local or to the 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 such employee under suspension and of the disciplinary authority for the purpose of conducting a disciplinary proceeding against him :Provided that the borrowing authority shall forthwith inform the authority which lent the services of the employee (hereinafter in this rule referred to as lending authority) of the circumstances leading to the order of suspension of such employee or the commencement of disciplinary proceeding as the case may be.(2)In the light of the findings in the disciplinary proceeding conducted against the employee-(i)if the borrowing authority is of opinion that any of the penalties specified in Clauses (i) to (iv) of Rule 29 should be imposed on the employee, it may after consultation with 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 employee 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 (v) to (ix) of Rule 29 should be imposed on the employee, it shall replace his service at the disposal of the lending authority and transmit to it the proceeding 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 orders on the case as it may deem necessary :Provided that before passing any such order the disciplinary authority shall comply with the provisions of the sub-rules (3) and (4) of Rule 33.Explanation. - The disciplinary authority may make an order under this clause on the record of the inquiry transmitted to it by the borrowing authority or after holding such further inquiry as it may deem necessary, as far as may be in accordance with Rule 32.
