(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 4306 OF 1994 Navratansing s/o. Darbarasingh Chiragiya, Age : 38 years, Occupation : Service (under suspension), R/o. Shahidpura, Nanded. .. Petitioner. versus 1. Shri Gurudwara Sachkhand Abchalnagar (Gurudwara Board), Nanded, Taluka and District : Nanded, through its President, Shri Laddusingh Mahajan. 2. Superintendent, Gurudwara Sachkhand Abchalnagar Saheb, Nanded. 3. Residential Deputy Collector, Collector's office, Chairman of the Managing Committee, of the Gurudwara Board, Nanded. 4. The State of Maharashtra. .. Respondents. ....................... (2) Mr. A.G. Godhamgaonkar, Advocate, for the petitioner. Respondent no.1 served (Absent). Mr. P.G. Godhamgaonkar, Advocate, for respondent no.2. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.3 and 4. ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 7TH JULY 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. The petitioner was serving as a Clerk with the respondent no.1 (Gurudwara Board). However, by the impugned order dated 9th May 1992, his services were suspended on account of alleged misappropriation of the amount. 2. However, during the pendency of the petition, the services of the petitioner came to be terminated. 3. In the affidavit in reply filed on behalf of respondent (3) nos.1 and 2, it is submitted that against the order of termination, the petitioner has already filed statutory appeal before the State Government. 4. In the light of the subsequent developments, nothing survives for adjudication in the present petition. The petition is, therefore, dismissed of as having rendered infructuous. However, it is made clear that dismissal of the present petition would not prejudice the rights of the parties before the appellate forum and the appellate forum shall decide the appeal on its own merits. 5. Rule is discharged. However, there shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp4306