Section 37 in High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011
37.
Without prejudice to the power of the Competent Authority to take action against a Court employee on deputation, the following provision is made:-(1)Where the services of a Court employee are borrowed by an outside authority, the Borrowing Authority shall have the powers of the Competent Authority under these Rules for the purpose of placing him/her under suspension and for the purpose of taking disciplinary proceedings against him/her;Provided that the Borrowing Authority shall forthwith inform the Court of the circumstances leading to the order of his/her suspension or the commencement of the disciplinary proceedings, as the case may be.(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.
