( 1 ) HEARD learned Counsel for the parties.

( 2 ) THE petitioner herein, Executive Engineer (Mechanical), Gujarat Water resources Development Corporation Ltd. (hereinafter referred as the Corporation), challenging by this writ petition under Art. 226 of the Constitution of India the order No. 5 of 1995 dated 16-12-1995 of the Managing Director of the Corporation placing him under suspension as per Rule 5 of the Gujarat Water Resources development Corporation Ltd. Employees (Control and Appeal) Rules, 1964 (hereinafter referred as the Rules, 1964) with immediate effect. It is not in dispute that the petitioner has been placed under suspension as a disciplinary proceeding against him is contemplated. In this order it is mentioned "hence, it is decided to initiate departmental inquiry" and from these words it is clearly borne out that the suspension of the petitioner is ordered in exercise of the power as conferred under rule 5 of the Rules, 1984 by the Managing Director of the Corporation. The facts, which are necessary for the decision of this writ petition, need to be briefly stated.

( 3 ) ON repatriation of Shri V. V. Pandya, S. E. (Mech.), the petitioner on 13-7