IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1677 of 2004 BINOD KUMAR THAKUR, son of Late Badri Narain Thakur, resident of Village & P.O. Bhalpatti, P.S. Darbhanga, District Darbhanga. …………..Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Primary Education, Human Resources Department, Govt. of Bihar, Patna. 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. The District Magistrate, Darbhanga. 5. The District Superintendent of Education, Darbhanga. ………Respondents. ----------- 3. 29.10.2010 No one appears for the petitioner. Counsel for the State is present. In this writ application there are two prayers- one for quashing the order of suspension dated 17.07.2000 and the other for quashing the order of punishment dated 18.05.2001. In the opinion of this court as the order of suspension dated 17.07.2000 was to remain in force only during the pendency of the disciplinary proceeding of the petition and a final order of punishment has already been passed on 18.05.2001, the order of suspension will be deemed to have merged with the order of punishment and therefore there will be now no occasion for examining the correctness of the order of suspension or the petition dated 17.07.2000. As with regard to the order of punishment, the petitioner’s appeal is said to be still pending before the Director of Primary Education. In this case no counter affidavit has been filed and, therefore, this court has also not been made aware as to the fate and current position of the appeal filed by the petitioner. 2 That being so, this writ application is disposed of with a direction to the competent appellate authority to dispose of the appeal of the petitioner as against the order of punishment, if not already disposed of, within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation this writ application is dismissed. Anjani/Ranjan (Mihir Kumar Jha, J)