Section 8A in Tamil Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1973
8A. Where a person to be punished has been lent to the punishing authority.
(1)(i)The power to impose the penalty of compulsory retirement or removal or dismissal shall not lie with any authority other than the lending authority; the borrowing authority shall, in a case where it considers that the punishment of compulsory retirement, removal or dismissal should be imposed, complete the inquiry, revert the person concerned to the lending authority for such action as that authority may consider necessary:Provided that the provision in this clause requiring the reversion of the person concerned to the lending authority shall not apply where the person has been lent by one Municipality to another; and(ii)unless in any case it be otherwise provided by specific orders by the Government, the punishing authority shall consult the lending authority before imposing any lesser penalty, and in the case of suspension shall report forthwith to the lending authority the circumstances leading to the imposition of that penalty.(2)Where a member of Municipality whose services are placed at the disposal of any company, corporation, organisation or local authority has, at any time before his service were so placed, committed any act or omission which renders him liable to any penalty specified in regulation 3, the authority competent under regulation 4 to impose any such penalty on such member or person shall alone be competent to institute disciplinary proceedings against him and to impose on him the said penalty specified in regulation 3 as it think fit, and the borrowing authority under whom he is serving at the time of the institution of such proceedings shall be bound to render all reasonable facilities to such competent authority instituting and conducting such proceedings.(3)(a)Where an order of suspension is made or a disciplinary proceeding is conducted against a person whose services have been borrowed from any company, corporation, organisation, autonomous Board or other authority, the authority lending his services (hereinafter referred to as "the lending authority") shall forthwith be informed of the circumstances lending to the order of the suspension of the Municipal servant or of the commencement of the disciplinary proceedings, as the case may be.(b)In the light of the findings in the disciplinary proceedings conducted against the Municipal servant, if the disciplinary authority is of the opinion that any of the penalties specified in clauses (1), (2) and (4) of regulation 3 should be imposed on him it may, after consultation with the lending authority, pass such orders in the case as it may deem necessary:(i)Provided that in the event of difference of opinion between the borrowing authority and the lending authority, the services of the servant shall be replaced at the disposal of the lending authority:(ii)Provided further that if the borrowing authority is of the opinion that any of the penalties specified in clauses (3), (7), (8) and (9) of regulation 3 should be imposed on the servant, it shall replace the service of such servant at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such action as it may deem necessary.
