ORDER

1. At the outset, learned counsel for the petitioner has raised a ground for challenging the order of appellate authority and also the disciplinary authority that the disciplinary authority after conclusion of enquiry although had given an opportunity of personal hearing to the petitioner but before passing the final order of punishment, the disciplinary authority got transferred and a new authority came but that new incumbent did not give any opportunity of hearing or time to the petitioner and pass the order on the basis of record available. Counsel submits that this ground has been raised by the petitioner in the appeal preferred before the appellate authority but the said authority has also not dealt with this aspect and passed the order affirming the order passed by the disciplinary authority. He further submits that even in the reply submitted by the State this particular aspect of the matter has not been rebutted despite the fact that the petitioner has raised this ground in his petition also. He submits that considering the aforesaid, once the factual aspect of the matter has not been denied by the respondents, the same shall be considered to be correct and admitted by