Can the borrowing authority suspend a Government servant on deputation?

Yes. Rule 20(1) gives the borrowing authority the powers of the appointing authority for the purpose of placing a deputationist under suspension, and the powers of the disciplinary authority for the purpose of conducting a disciplinary proceeding. However, the borrowing authority must forthwith inform the lending authority of the suspension or commencement of proceedings.

Officers Lent and Borrowed — Rules 20 and 21 of CCS (CCA) Rules, 1965

Q: Who imposes major penalties on a Government servant on deputation?

The borrowing authority cannot directly impose major penalties (clauses v to ix of Rule 11) on a deputationist. Under Rule 20(2)(ii), if the borrowing authority considers that a major penalty is warranted, it must replace the Government servant's services at the disposal of the lending authority and transmit the inquiry proceedings to it. The lending authority (if it is the disciplinary authority) then passes the order, or forwards to its own disciplinary authority.

Q: What happens if borrowing and lending authorities disagree on a minor penalty?

Under Rule 20(2)(i), where the borrowing authority considers a minor penalty appropriate, it may impose it after consultation with the lending authority. But if there is a difference of opinion, the services of the Government servant are replaced at the disposal of the lending authority.

Rules 20 and 21 address the same scenario from two directions: Rule 20 governs cases where a Central Government officer is lent to another department, State Government, or local authority (the "borrowing authority"). Rule 21 addresses cases where a State Government or local authority officer is borrowed by the Central Government. The key principle in both is: the borrowing authority can suspend and conduct the inquiry, but major penalties must be imposed by the lending authority.

Rule 20: Officers Lent to State Governments or Other Authorities

Rule 20(1): Powers of the Borrowing Authority

Where a Central Government servant's services are lent to another department, a State Government, a local or other authority (the "borrowing authority"), the borrowing authority has:

The powers of the appointing authority for the purpose of placing the Government servant under suspension; and
The powers of the disciplinary authority for the purpose of conducting a disciplinary proceeding.

Mandatory notice: the borrowing authority must forthwith inform the lending authority of the circumstances leading to the suspension or commencement of disciplinary proceedings.

Rule 20(2)(i): Minor Penalties by Borrowing Authority

If after the inquiry the borrowing authority considers that a minor penalty (clauses i to iv of Rule 11) is appropriate, it may — after consultation with the lending authority — make such orders as it deems necessary. Exception: if there is a difference of opinion between the borrowing and lending authorities, the Government servant's services are replaced at the disposal of the lending authority.

Rule 20(2)(ii): Major Penalties — Back to the Lending Authority

If the borrowing authority considers that a major penalty (clauses v to ix) is warranted:

It replaces the Government servant's services at the disposal of the lending authority;
It transmits to the lending authority the complete proceedings of the inquiry.

The lending authority (if it is the disciplinary authority) then passes such order as it deems necessary — or, if it is not the disciplinary authority, submits the case to its own disciplinary authority. Before passing a major penalty order, the lending authority's disciplinary authority must comply with the requirements of Rule 15(3) and (4) — i.e., share the inquiry report with the Government servant, give him 15 days to represent, and where required, consult the UPSC.

The disciplinary authority may act on the record of the inquiry transmitted by the borrowing authority, or may hold such further inquiry as it deems necessary under Rule 14.

Rule 21: Officers Borrowed from State Governments or Other Authorities

Rule 21(1): Notice to Lending Authority

Where a State Government or local authority officer borrowed by a Central Government department is suspended or faces disciplinary proceedings, the lending authority must be informed forthwith of the circumstances leading to the suspension or commencement of proceedings.

Rule 21(2)(i) and (ii): Same Structure as Rule 20

The structure mirrors Rule 20:

For minor penalties: the Central Government disciplinary authority may impose them after consultation with the lending authority — but if there is a difference of opinion, the Government servant reverts to the lending authority.
For major penalties: the Central Government disciplinary authority replaces the Government servant's services at the disposal of the lending authority and transmits the inquiry proceedings. The lending authority then takes such action as it deems necessary.

Exception noted in the rule: this consultation requirement does not apply to a Government servant serving in the Intelligence Bureau up to the rank of Assistant Central Intelligence Officer.

Key Points: Deputation Discipline at a Glance

Action	Authority
Suspension	Borrowing authority (must notify lending authority)
Conducting inquiry	Borrowing authority
Imposing minor penalty	Borrowing authority (after consulting lending authority; reversion if disagreement)
Imposing major penalty	Lending authority's disciplinary authority (after reversion and receipt of inquiry records)

Frequently Asked Questions (FAQ)

Q1. Can the borrowing authority suspend a deputationist?

Yes. Rule 20(1) expressly gives the borrowing authority the powers of the appointing authority for suspension. However, it must immediately inform the lending authority.

Q2. Who imposes major penalties on a Government servant on deputation?

The lending authority's disciplinary authority — not the borrowing authority. Under Rule 20(2)(ii), once major penalties are warranted, the borrowing authority reverts the officer and sends the inquiry records to the lending authority for decision.

Q3. What if the borrowing and lending authorities disagree on a minor penalty?

Under Rule 20(2)(i), the Government servant's services are replaced at the disposal of the lending authority. The disagreement cannot be resolved by the borrowing authority overriding the lending authority's objection.