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;

    * …



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

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





    Pl send your comments or suggestions to:

departmentalinquiry.com
law on your side
Can Government take action
against an officer on
deputation?