(1) Where the services of a Government Servant are lent to the Central Government, any State Government or to a 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 not take any disciplinary proceedings against such Government Servant or place him under suspension without the prior approval of the lending authority.
(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 clause 2[(i) to (iva)]2 of rule 8 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
1. Inserted by Notification No. DPAR 9 SDE 92, Dated 21-1-1997 (w.e.f. 15-1-1986).
2. Substituted by Notification No. GAD 28 SSR 69 dated 12-12-1973, KGD 24-1-1974.
34 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 (v) to (viii) of rule 8 should be imposed on him, it shall replace his services at the disposal of the lending authority and transmit it to 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 1[Rule 11A.]
Explanation.- 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 as far as may be in accordance with Rule 11.
2[(2A) Notwithstanding anything contained in these rules,-
(i) the Government in Rural Development and Panchayat Raj Department in respect of Government servant holding a Group A or B post whose services are lent to the Zilla Panchayat or Taluk Panchayat by an order issued by the Government in Rural Development and Panchayat Raj Department under section 155 or 196 of the Karnataka Panchayat Raj Act, 1993;
(ii) the Chief Executive officer of the Zilla Panchayat in respect of,-
(a) a Government servant holding a Group B post excluding the Government servants referred in clause (i) or a Group C or Group D post whose services are lent to the Zilla Panchayat, Taluk Panchayat, or Grama Panchayat
1. Substituted by Notification No. GAD 28 SSR 69, dated 12-12-1973 KGD 24-1-1974.
2. Substituted by Notification No. DPAR 19 SDE 95, Dated 7-3-2002 (w.e.f.
11-4-2002).
35
(b) any doctor working in a Primary Health Centre who is a member of the Karnataka Directorate of Health and Family Welfare Service;
shall have the powers of the Appointing Authority for placing such Government servant under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceedings against him and to impose any of penalties specified in clauses (i) to (iva) of rule 8 on such Government servant. It shall not be necessary for the Government in Rural Development and Panchayat Raj Department or the Chief Executive Officer of the Zilla Panchayat to get the approval of, or to consult, the lending authority or the appointing authority as the case may be, before placing such Government servant under suspension or imposing on him any of the said penalties.
(3) Notwithstanding anything contained in these rules where a Government servant referred to in sub-rule (2A),-
(i) who is alleged to have committed any misconduct or misbehaviour while serving in Zilla Panchayat, Taluk Panchayat or Grama Panchayat is transferred, deputed or otherwise posted out of jurisdiction of the disciplinary authority referred to in sub-rule (2A) before initiation of a disciplinary proceeding against such Government Servant, the same Disciplinary authority shall have power to initiate disciplinary proceeding and to conclude or cause to be concluded the enquiry into articles of charges against such Government servant and to impose any of the penalties specified in clauses (i) to (iva) of rule 8 on such Government servant;
(ii) while facing a disciplinary proceeding is transferred, deputed or otherwise posted out of jurisdiction of the disciplinary authority referred to in sub-rule (2A) which initiated the disciplinary proceeding against such Government Servant, the same disciplinary authority shall continue and conclude or caused to be continued or concluded the enquiry into articles of charges against such Government servant in 36 accordance with these rules and shall have power to impose any of the penalties specified in clauses (i) to (iva) of rule 8 on such Government servant:
Provided that an appeal against an order passed by the Chief Executive Officer under this sub-rule shall lie:-
(i) in the case of Government servant referred to in sub-clause
(a) of clause (ii) of sub-rule (2A), to the Head of the Department to which such Government Servant belongs;
(ii) in the case of a doctor referred to in sub-clause (b) of clause
(ii) of sub-rule (2A), to the Government.]