Section 16 in The Khadi And Village Industries Commission Employees (Classification, Control And Appeal) Regulations, 2003
16. Provisions regarding officers lent to State Governments, etc.
(1)Where the services of an employee are lent to another Department or to a State Government or any authorities sub-ordinates thereto or to a local or other authority or to any organisation under Central Government (hereinafter in this regulation referred as the "borrowing authority")" the borrowing authority shall have the powers of the Appointing Authority for the purpose of placing such employee under suspension and of the Disciplinary Authority for the purpose of conducting disciplinary proceeding against him:Provided that the borrowing authority shall forthwith inform the commission which lent the services of the employees of the circumstances leading to the order of suspension of such employee or the commencement of the disciplinary proceeding, as the case may be.(2)In the light of the findings in the disciplinary proceedings conducted against the employee -(i)if the borrowing authority is of the opinion that any of the penalties specified in clauses (i) to (v) of regulation 9 should be imposed on the employee, it may, after consultation with the Commission, make 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 Commission, the services of the employee shall be replaced at the disposal of the Commission;(ii)if the borrowing authority is of the opinion that any of the penalties specified in clauses (vi) to (x) of regulation 9 should be imposed on the employee, it shall replace his services at the disposal of the Commission and transmit to it the proceedings of the enquiry and thereupon the Commission may, if it is the Disciplinary Authority, pass such orders thereon as it may deem necessary, or if it is not the Disciplinary Authority, submit the case to the Disciplinary Authority which shall pass orders on the case as it may deem necessary :Provided that before passing any such order, the Disciplinary Authority shall comply with the provisions of sub-regulations (4) and (5) of regulation 11.Explanation. - The disciplinary Authority may make an order under this clause on the record of the inquiry transmitted to it by the borrowing authority or after holding such further inquiry as it may deem necessary, as far as maybe, in accordance with regulation 10.
