Section 12 in Assam Service (Discipline and Appeal) Rules, 1964
12. Provisions regarding borrowed officers.
(1)Where an order of suspension is made or a disciplinary proceeding is taken against a Government servant whose services have been borrowed from the Central Government, any State Government or a local or other authority, the authority lending his services (hereinafter in this rule referred to as the "Lending Authority"), shall forthwith be informed of the circumstances lending 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 Disciplinary Authority is of the opinion that any of the penalty specified in clause (i) to (iii) of Rule 7 should be imposed on him, it may, subject to the provisions of Rule 9 and 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 Disciplinary Authority is of the opinion that any of the penalties specified in clauses (iv) to (vii) of Rule 7 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 for such action as it deems necessary.
