Jayant Patel, J.—Admit. Mr. NJ Shah, Ld. AGP waives service of notice of admission for the respondents.

2. With the consent of the Learned Counsel appearing for both the parties, the matter is taken up for final hearing.

3. The present appeal arises against the order dated 12/10/2010 passed by the Ld. Single Judge of this Court in Special Civil Application No. 12499 of 2010, whereby the petition is dismissed.

4. The only question to be considered in the present matter is whether the officer who acted as an appellate authority could hear the appeal against his own order in capacity as the disciplinary authority.

5. The relevant facts are that the petitioner – appellant was working as Sub Inspector and there were departmental proceedings against him in connection with the alleged misconduct. On 16/12/2005 show cause notice was issued and the petitioner submitted reply and thereafter, on 1/3/2006 ultimately in the departmental proceedings, the disciplinary authority Shri K.R. Kaushik, Police Commissioner, imposed the penalty of dismissal from service. The petitioner preferred appeal against the said order to the Director General of Police, Gujarat State. The said appeal came to