The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.1127 of 2008 Between: V.Vijaya Kumar. …Petitioner and 1.Andhra Bank, rep. by its General Manager (Personnel), and others. …Respondents The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.1127 of 2008 Order: Heard learned Counsel for the petitioner and learned Standing Counsel appearing for the respondents. In this Writ Petition, the petitioner, who worked as Assistant Manager in Andhra Bank, has questioned the order of dismissal dated 06-11-2007 passed by the third respondent in Lr.No.666/20/V/T- 861/488. On the ground that the petitioner has committed certain irregularities, while working as Manager of Markondaputti Branch, Visakhapatnam Zone, disciplinary proceedings were initiated against him and charges were framed vide order dated 28th November, 2006. In the enquiry, the charges levelled against the petitioner were held proved and as such, he was dismissed from service. On the last date of hearing i.e., on 28-01-2008, it was submitted by learned Counsel for the petitioner that as against order of dismissal dated 06-11-2007 passed by the third respondent in Lr.No.666/20/V/T- 861/488, petitioner preferred an appeal before the second respondent-appellate authority on 5th December, 2007, and the same is pending consideration. On that day, the learned Standing Counsel appearing for the respondents was asked to get instructions in this regard. Today, it is submitted by Sri Lakshmi Narasimham, learned Standing Counsel appearing for the respondents, that final order has already been passed in the appeal filed by the petitioner and a copy of the same has also been communicated to the petitioner. Once the appellate authority has disposed of the appeal before it either way - whether the order under appeal is set aside or modified or simply confirmed, it is the order of the appellate authority, which is the final, binding and operative order, and the order passed by the authority below merges with the appellate order. In that view of the matter, the order of dismissal dated 06-11-2007 passed by the third respondent in Lr.No.666/20/V/T-861/488, merges with the order passed by the second respondent-appellate authority, and the petitioner, if aggrieved, has to question the order passed by the second respondent. Accordingly, the Writ Petition is disposed of leaving it open to the petitioner to question the order passed by the second respondent in the appeal preferred against the order of dismissal dated 06-11- 2007 passed by the third respondent in Lr.No.666/20/V/T-861/488. No order as to costs. ___________________ (R.Subhash Reddy, J) 1st February, 2008 lur