Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr.5, 6-A & 9---Civil servant serving on deputation---Initiation of disciplinary proceedings by borrowing Authority---Validity---Borrowing Authority with whom civil servant was serving on deputation, had power to initiate proceeding under (Efficiency and Discipline) Rules, 1973, against civil servant---Borrowing Authority on completion of disciplinary proceedings, sent record of proceedings to lending Authority for appropriate action against civil servant, which resulted in dismissal of civil servant---Lending Authority had the power to take appropriate action against civil servant including his dismissal from service ---Role of Authority stated. The role of the Authority under the Government Servants (Efficiency and Discipline) Rules, 1973 is described in clause (iv) of sub-rule (1) of Rule 5 and also Rule 6-A of the (Efficiency and Discipline) Rules. Under clause (iv) of sub-rule (1) of Rule 5, the Authority could pass the final order on receiving the proceedings from the authorised officer along-with his report in case a major penalty was recommended to be imposed. Under rule 6-A, the Authority had the power of revision as to call for the record of any case pending before or disposed of by the authorised officer and pass such orders in relation thereto as it might deem fit. The expression "the lending authority shall take action as prescribed in these rules" in sub-rule (2) of Rule 9 of the Government Servants (Efficiency and Discipline) Rules, 1973, therefore, envisaged the exercise of the power by the authority as was exercisable by it under the (Efficiency and Discipline) Rules. The proceedings taken by the borrowing authority and the submission of the report by that authority constituted the proceedings that were to be taken by the authorised officer under Rules 5 and 6 of the Government Servant (Efficiency and Discipline) Rules, 1973 and the final order had to be passed by the authority as deemed proper. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----R.9---Service Tribunals Act (LXX of 1973), S. 4---Natural justice, principles of---Imposition of major…

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