Section 38 in High Court of Gujarat (Conduct, Discipline and Appeal) Rules, 2011
38.
Disciplinary action against a Court employee on deputation to the Court from an outside authority : -(1)When an order of suspension is made or a disciplinary proceeding is taken by the Court against a Court employee whose services have been lent to the Court by an outside authority, the Lending Authority shall forthwith be informed of the circumstances leading to the order of his/her suspension or the commencement of the disciplinary proceeding against him/her, as the case may be.(2)In the light of the findings in the disciplinary proceeding taken against such Court employee:-(a)If the Competent 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, after 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 Court and the Lending Authority, the services of such employee shall be replaced at the disposal of the Lending Authority;(b)if the Competent Authority is of the opinion that any of the penalties specified in clause (v) to (ix) of Rule 27 should be imposed on such Court employee, the services of such Court employee shall be replaced at the disposal of the Lending Authority and the record of such inquiry shall be transmitted to such authority for such action as it deems necessary.Part-VII Miscellaneous
