Section 9 in West Bengal Municipal Employees' (Classification, Control, Appeal and Conduct) Rules, 2010
9. Provisions regarding Officers whose services are lent to the Government of India, etc
. (1) Where the services of an employee are lent to the Government of India or any other State Government or to an authority sub-ordinate thereto or to a local authority or other authority (hereinafter in 4 this rule referred to as the borrowing authority), the borrowing authority shall have the power of the appointing authority for the purpose of placing the employee under suspension and of the disciplinary authority for the purpose of taking disciplinary. proceedings against him :Provided that the borrowing authority shall forthwith inform the authority which lent his services (hereinafter in this rule and in rule 10 referred to as the lending authority) of the circumstances leading to the order of his 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 the employee,(i)if the borrowing authority is of opinion that any of the penalties specified in clause (i), (ii) and (iv) of rule 5 should be imposed on him, it may, consultation with the lending authority, pass such orders in 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 and the borrowing authority shall transmit to it the proceedings of the inquiry and, thereupon the lending authority may, if it is the disciplinary authority, pass such orders thereon including an order to commence the proceedings de-novo as it deems necessary, or if it is not the disciplinary authority, submit the case to the disciplinary authority which shall pass such orders in the case including an order to commence the proceedings de-novo as it deems necessary :Provided further that in passing. any such order the disciplinary authority shall comply with the provisions of rule 7.(ii)If the borrowing authority is of opinion that any of the penalties specified in clauses (iv) to (viii) of rule 5 should be imposed on him, it shall replace the services of the employee at the disposal of the lending authority and transmit to it the proceedings of the inquiry and, thereupon the lending authority, may, if it is the disciplinary authority, pass such orders thereon including an order to commence the proceeding de-novo as it deems necessary, or if it is not the disciplinary authority, submit the case to the disciplinary authority which shall pass such orders in the case including an order to commence the proceedings de-novo as it deems necessary :Provided that in passing any such order the disciplinary authority shall comply with the provisions of rule 7.Explanation. The disciplinary authority may make an order under this clause on the record of the inquiry transmitted by the borrowing authority or after holding such further inquiry as it may deem necessary.The disciplinary proceedings commenced by the borrowing authority shall be taken in accordance with the rules to which the employee proceeded against, is subject.
