Section 37(2) in High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011
(2)In the light of the findings in the disciplinary proceedings taken against such Court employee: -(a)If the Borrowing Authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of Rule 27 should be imposed on such Court employee, it may with a concurrence of the Chief Justice pass such orders in the case as it deems necessary;Provided that in the event of difference of opinion between the Borrowing Authority and the Chief Justice, such employee shall be repatriated.(b)If the Borrowing Authority is of the opinion that any of the penalties specified in clauses (v) to (ix) of Rule 27 should be imposed on such Court employee, it shall replace his services, at the disposal of the Chief Justice and transmit to the Court, the proceedings of the inquiry, and thereupon the Competent Authority may pass such orders on the case as it deems necessary after complying with the provisions of sub-Rule (9) of Rule 30.Provided that the Competent Authority may instead of making an order under this clause on the record of the inquiry transmitted by the Borrowing Authority, hold such further inquiry as it may deem necessary.
