Rule 21 — CCS (CCA) Rules
Original Rule Text
# 21. Provisions regarding officers borrowed from State Governments, etc.
(1) Where an order of suspension is made or a disciplinary proceeding is conducted against a Government servant whose services have been borrowed by one department from another department or from a State Government or an authority subordinate thereto or a local or other authority, the authority lending his services (hereinafter in this rule referred to as "the lending authority") shall forthwith be informed of the circumstances leading to the order of the suspension of the Government servant or of the commencement ofthe disciplinary proceeding, as the case may be.
(2) In the light of the findings in the disciplinary proceeding conducted against the Government servant, if the disciplinary authority is of the opinion that any of the penalties specified in clauses ( to
(iv) of rule 11 should be imposed on him, it may, subject to the provisions of sub-rule (3) of rule 15 and except in regard to a Government servant serving in the Intelligence Bureau up to the rank of Assistant Central Intelligence Officer, after
consultation with the lending authority, pass such orders on the case as it may deem necessary-
D provided that in the event of a difference of opinion between the borrowing authority and the lending authority, the services of the Government servant shall be replaced at the disposal of the lending authority;
(ii) if1 the disciplinary authority is of1 the opinion that: any of the penalties specified in clauses () to
(ix) of Rule 11 should be imposed on the Government servant, it shall replace the services of such Government servant at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such action, as it may deem necessary.
# PART VII - APPEALS
What This Means
Rule 21 is the mirror image of Rule 20. Where Rule 20 covers what happens when a Central Government employee is lent to another department or body, Rule 21 covers the situation from the perspective of the organisation that has borrowed an employee from another source — specifically where the borrowing department (a Central Government department) has borrowed a person from a State Government, another department, or a local authority.
The fundamental obligation is the same: when a disciplinary proceeding starts or a suspension order is made against such a borrowed employee, the lending authority must be informed immediately. Keeping the parent organisation in the dark is not permissible. For minor penalties (Rule 11 clauses i–iv), the borrowing authority can impose the penalty after consulting the lending authority. A notable exception applies to officers serving in the Intelligence Bureau up to the rank of Assistant Central Intelligence Officer — they are given a special protection that the borrowing authority's disciplinary action is not subject to the same consultation requirement.
For major penalties (Rule 11 clauses v–ix), the same principle applies as in Rule 20: the borrowing authority must return the employee to the lending authority along with the inquiry proceedings, and the lending authority then decides what action to take. This rule ensures clarity about which authority has disciplinary jurisdiction over an employee who is away from their permanent cadre on deputation or borrowing.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1When a borrowed employee is suspended or disciplined, the lending authority must be informed immediately.
- 2For minor penalties, the borrowing authority can act after consultation with the lending authority.
- 3In case of disagreement on minor penalties, the employee's services are returned to the lending authority.
- 4A special exception applies to Intelligence Bureau officers up to the rank of Assistant Central Intelligence Officer — the consultation requirement with the lending authority does not apply to them.
- 5For major penalties, the borrowing authority must return the employee and transmit all inquiry proceedings to the lending authority.
- 6The lending authority then decides the appropriate action based on the transmitted record.
Practical Example
Shri Anil Verma, a Deputy Superintendent of Police from Maharashtra Police, was on deputation to the Border Roads Organisation (a Central Government entity). During his tenure, he was found to have misused official vehicles for personal purposes and submitted false claims. The BRO placed him under suspension and immediately communicated the fact to the Maharashtra Police (lending authority), which acknowledged receipt.
After inquiry, the Inquiry Officer recommended forfeiture of two increments — a minor penalty under Rule 11. BRO consulted Maharashtra Police, who agreed with the proposed penalty. The BRO issued the final order of forfeiture of two increments, and Anil Verma was allowed to continue on deputation. Had Maharashtra Police disagreed with the penalty, the deputation would have been terminated and he would have been sent back to Maharashtra without any penalty being imposed by BRO.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
▼
▼
▼
▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.