IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 169 of 1997 VIKRAM SINGH V/S U.O.I. & ORS Mr. JK KAUSHIK, for the appellant / petitioner Mr. KULDEEP MATHUR, for the respondent Date of Order : 14.7.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- It is contended by learned counsel for the respondent that against the punishment order, the appellant had filed a departmental appeal, which has been decided on 3.11.1999, and the copy of that order had already been shown to learned counsel for the appellant in the last week. Learned counsel for the appellant contends that he has not been supplied the copy of that judgment. Be that as it may, the fact does remain that the appellant had filed departmental appeal and that appeal had been decided. In that view of the matter, in our view, the order under challenge in the present writ petition cannot be said to be subsisting having merged in the appellate order, and therefore, this writ petition and the appeal have become infructuous and are accordingly disposed of. It will be open to the petitioner to assail the order passed in departmental appeal afresh in accordance with law if otherwise permissible by law. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/