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[Cites 0, Cited by 0] [Section 11] [Entire Act]

State of Assam - Subsection

Section 11(2) in Assam Service (Discipline and Appeal) Rules, 1964

(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.