disciplinary action against officer on deputation

 The doubt has apparently arisen because of the language of Rule 20 


of the CCS (CCA) Rules, 1965.





The relevant portion of the rule reads as follows:





'Where the services of a Government servant are lent by one department to another department or to a State Government or an authority subordinate thereto 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 such Government servant under suspension and of the Disciplinary Authority for the purpose of conducting disciplinary proceeding against him:





….'





The rule does give an impression that once the government servant is on deputation, only his borrowing authority has the power of Disciplinary Authority for the purpose of conducting disciplinary proceedings against him. However, we look at the definition of Government servant, we find that as per rule 2(h) of the CCS (CCA) Rules, 1965:





“Government servant” means a person who—





is a member of a Service or holds a civil post under the Union, and  


includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local 


or other authority;





* …





…





per Rule 13 of the CCS (CCA) Rules, 1965:





"The President or any other authority empowered by him by 


general or special order may—





o institute disciplinary proceedings against any Government servant;


o direct a Disciplinary Authority to institute disciplinary proceedings against any Government servant on whom that Disciplinary Authority is competent to impose under these rules any of the penalties specified in Rule 11.





A Disciplinary Authority competent under these rules to impose any of the penalties specified in Clauses (i) to (iv) of Rule 11 notwithstanding that such Disciplinary Authority is not competent under these rules to impose any of the latter penalties."





Thus it is clear that any authority, who is the designated Disciplinary Authority (even if he has the power to impose only one of the minor penalties on him), can issue charge-sheet against a Government servant and even appoint Inquiry Officer and Presenting Officer.





As the definition of Government servant includes even employees who are on deputation in some other department or a State Government or even a Public Sector Undertaking, there is no bar to a Disciplinary Authority in the Government servant’s parent department conducting the inquiry against their officer who is on deputation outside.

 Since you are on deputation, the authority 'B' competent to take disciplinary action against you for any misconduct there can take action.

However, this does not bar "A" to take action against you. It depends upon the kind of misconduct. Refer to Govindmenon's case. 

Thanks, Y. Prakash and Murali Krishna

The Public Authority "A" and "B" are nationalised banks.

So what is the status of the officer in question?  Is he a Govt. servent as his deputation is effected by order Govt. of India?