( 1 ) RULE. Mr. Upadhyay, learned counsel for the respondent waives notice of Rule. With the consent of the parties, the matter is taken up for final hearing today.

( 2 ) THE only question which arise for consideration of this Court is whether the decision of the appellate authority can be maintained in the eye of law, if the same is without giving the opportunity of hearing to the petitioner, who was appellant before the appellate authority.

( 3 ) AS on factual aspects, for initiation of the departmental inquiry, the holding of the inquiry, imposition of punishment by the disciplinary authority who was Managing Director in the present case, these facts are not in disputes. It is also not in dispute that the petitioner was aggrieved by the decision of the disciplinary authority, i. e. the managing Director and he preferred the appeal as per section 41 of the Staff Regulations, 1961, framed under the Gujarat State Financial Corporation. It is also not in dispute that the appellate authority has dismissed the appeal.

( 4 ) THE perusal of the order of the appellate authority dated October 30, 2001, shows that the Board of director who is the appellate authority in the present case has

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