Section 11 in Assam Service (Discipline and Appeal) Rules, 1964
11. Provisions regarding lent officers.
(1)Where the services of a Government servant are lent to the Central Government, any State Government or to local or other Authority (hereinafter in this rule referred to as "the Borrowing Authority"), the Borrowing Authority shall have the powers of the Appointing Authority for the purpose of placing him under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceeding against him:Provided that the Borrowing Authority shall forthwith inform the Authority which lent his services (hereinafter in this rule referred to as "the Lending Authority") of the circumstances leading 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 Borrowing Authority is of the opinion that any of the penalties specified in clauses (1) to (iii) of Rule 7 should be imposed on him, it may, 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 Borrowing 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 and thereupon the Lending Authority may, if it is the Disciplinary Authority, pass such orders thereon as it deems necessary, or, if it is not the Disciplinary Authority submit the case to the Disciplinary Authority which shall pass such orders on the case as it deems necessary:Provided that in passing any such order the Disciplinary Authority shall comply with the provisions of sub-rule (10) of Rule 9Explanation. - The Disciplinary Authority may make an order under clause (ii) of sub-rule (2) on the record of the inquiry transmitted by the Borrowing Authority, or after holding such further inquiry as it may deem necessary.
