1. The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of Rule 14, as far as may be.

2. The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and record its own findings on such charge if the evidence on record is sufficient for the purpose.

3. If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of Rule 11 should be imposed on the Government servant, it shall, notwithstanding anything contained in Rule 16, make an order imposing such penalty:

4. If the disciplinary authority having regard to its findings on all or any of the articles and on the basis of the evidence adduced during the inquiry is of the opinion that any of the penalties specified in clause (v) to (ix) of Rule 11 should be imposed on the Government servant, it shall make an order imposing such penalty and it shall not be necessary to give the Government servant any opportunity on making representation on the penalty proposed to be imposed:

Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and such advice shall be taken into consideration before making an order imposing any such penalty on the Government servant.

1. Subject to the provision of sub-rule (3) of Rule 15, no order imposing on a Government servant any of the penalties specified in clause (i) to (iv) of Rule 11 shall be made except after-

   1. informing the Government servant in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him reasonable opportunity of making such representation as he may wish to make against the proposal;

   2. holding an inquiry in the manner laid down in sub-rules (3) to (23) of Rule 14, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;

   3. taking the representation, if any, submitted by the Government servant under clause (a) and the record of the inquiry, if any, held under clause (b) into consideration;

   4. recording a finding on each imputation of misconduct or misbehaviour; and

   5. consulting the Commission where such consultation is necessary.

1. -A)  Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case it is proposed after considering the representation, if any made by the Government servant under clause (a) of that sub-rule, to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the Government servant or withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-rule (3) to (23) of Rule 14, before making any order imposing on the Government servant any such penalty.

2. The record of the proceedings in such cases shall include:-

   1. A copy of the intimation to the Government servant of the proposal to take action against him;

   2. A copy of the statement of imputations of misconduct or misbehaviour delivered to him;

   3. his representation, if any;

   4. the evidence produced during the inquiry;

   5. the advice of the commission, if any;

   6. the findings on each imputation of misconduct or misbehaviour; and

   7. the orders on the case together with reasons therefor.

Orders made by the disciplinary authority shall be communicated to the Government servant who shall be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authority and a copy of its findings on each article of charge, or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority and a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority unless they have already been supplied to him and also a copy of the advice, if any, given by the commission, and where the disciplinary authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.

1. Where two or more Government servants are concerned in a case, the President or any other authority competent to impose the penalty of dismissal from service of all such Government servants make an order directing that disciplinary action against all of them may be taken in a common proceeding.

   Note- If the authorities competent to impose the penalty of dismissal on such Government servants are different, an order of taking disciplinary action may be made by the highest of such authorities with the consent of the others.

2. Subject to the provisions of sub-rule (4) of Rule 12, any such order shall specify-

   1. the authority which may function as the disciplinary authority for the purpose of such common proceeding;

   2. the penalties specified in Rule 11 which such disciplinary authority shall be competent to impose;

   3. whether the procedure laid down in Rule 14 and Rule 15 or Rule 16 shall be followed in the proceeding.

Notwithstanding anything contained in Rule 14 or 18:-

1. Where any penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, or

2. where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in the rueles, or

3. where the President is satisfied that in the interest of security of the State, it is not expedient to hold any inquiry in the manner provided in these rules,

the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:

Provided that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case under this rule.

1. 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 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 a disciplinary proceedings against him:

Provided that the borrowing authority shall forthwith inform the authority which lent the services of the Government servant(hereinafter in this rule referred to as "the lending authority") of the circumstances leading to the order of suspension of such Government servant or the commencement of the disciplinary proceeding, as the case may be.

2. In the light of the findings in the disciplinary proceeding conducted against the Government servant-

   1. if the borrowing authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of Rule 11 should be imposed on the Government servant, it may, after consultation with the lending authority, make such orders on the case as it deems necessary:

      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;

   2. if the borrowing authority is of the opinion that any of the penalties specified in clauses (v) to (ix) of Rule 11 should be imposed on the Government servant, it shall replace his services at the disposal of the lending authority and transmit it to the proceedings of the inquiry and thereupon the lending authority may, if it is the disciplinary authority, pass such orders thereon as it may deem necessary, or, it is not the disciplinary authority, submit the case to the disciplinary authority which shall pass orders on the case as it may deem necessary:

      Provided that before passing any such order the disciplinary authority shall comply with the provisions of sub-rules (3)and (4) of Rule 15.

Explanation- The disciplinary authority may make an order under this clause on the record of the inquiry transmitted to it by the borrowing authority or after holding any such further inquiry as it deem necessary, as far as may be, in accordance with Rule 14.

1. Where an order of suspension is made or a disciplinary proceedings 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 suspension of the Government servant or of the commencement of the 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 (i) 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 Intelligent Bureau up to the rank of Assistant General Central Intelligence Officer, after consultation with the lending authority, pass such orders on the case as it may deem necessary:

   1. 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;

   2. if the disciplinary authority is of the opinion that any of the penalties specified in clauses (v) to (ix) of Rule 11 should be imposed on the 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,