Borrowing Authority and while discharging the duties under the Borrowing Authority, it is possible that such employee may get involved in committing some or other misconduct. If action is to be taken by the Borrowing Authority, there has to be a 'master and servant relationship'. If such an action is taken without any power or authority, it may be open for the employee concerned to raise an objection to the effect that, as far as he is concerned, the competent authority is the Lending Authority and hence he can be placed under suspension and proceeded against only by the Lending Authority. This will place the Borrowing Authority in a difficult situation and if the Lending Authority is not desirous of, or reluctant in pursuing any such action, yielding to the request or pressure from the employee or outside, the working atmosphere in the Borrowing Department will be spoiled; also adversely affecting the rights and interest of the Borrowing Department and other employees there. On such an event, it will not be possible for the Borrowing Authority to impose discipline by taking appropriate steps. It is to meet this requirement, that the rule makers have incorporated such a Rule (Rule 20 of the Rules), conferring power of suspension upon the Borrowing Authority as well, of course subject to the riders (as mentioned therein as to the course of action to be pursued and the procedure to be followed), leaving ultimate power to the Lending Authority. The scope of the Rule as understood and applied by the learned Single Judge is perfectly correct and is not assailable under any circumstances.
