182. Knowledge Spectrum – Discipline – BORROWED AND LENT OFFICERS 99
308. What are the powers of an authority to deal with the misconduct committed by an employee who has been borrowed from another organization?
Borrowing authority shall have powers of Appointing Authority for the purpose of placing the delinquent employee under suspension. The details of the case shall be intimated to the lending authority.
309. Can the borrowing authority initiate disciplinary proceedings?
Borrowing authority can initiate disciplinary proceedings. But the powers for imposition of penalty depend upon the circumstances of the case.
310. What are the provisions regarding imposition of penalty in respect of a Government servant lent by one department to another?
As stated above, the borrowing authority can initiate disciplinary proceedings against the borrowed official.
If at the end of the proceedings, it is felt appropriate to impose a minor penalty, the borrowing authority may do so after consulting lending department. In case there is difference of opinion between the two departments, the employee shall be reverted back to the parent department.
If on conclusion of the proceedings, the borrowing authority is of the opinion that a major penalty needs to be imposed, the employee concerned will be repatriated to the parent department and the records of the case will be transmitted to the parent department.
311. Is the disciplinary authority in the parent department bound by the findings in the disciplinary proceedings conducted in the borrowing department?
No. Explanation under Rule 20 of the CCA Rules clarifies that the disciplinary authority is empowered to hold further inquiry as it may deem necessary.
312. Briefly, what are the powers of the borrowing and lending authorities?
Powers of the borrowing authority may be summed up as under:
(a) It can suspend – but should report the matter to parent department
(b) It can initiate disciplinary proceedings
(C) It can impose minor penalty subject to consent given by parent department
(d) It will have to repatriate the employee if it is of opinion that major penalty is required to be imposed.
(e) Findings of the enquiry conducted by borrowing department are not binding on lending department.
Lending authority is at liberty to conduct further inquiry as deemed necessary.
Post a Comment