Jayanta Kumar Biswas, J. - (1.) This writ petition was filed against the order of removal dated March 4, 2003 and also against inaction on the part of the authority before whom the petitioner's appeal dated March 21, 2003 was pending. The petitioner also challenged the several steps taken by the authorities in connection with the disciplinary proceedings.
(2.) The admitted position is that after filing the writ petition dated August 6, 2003, the appellate authority gave his decision dated September 15, 2003. The order of the disciplinary authority removing the petitioner was varied by the appellate authority. The removal order merged into the order of the appellate authority dated September 15, 2003. The fact that the appellate authority gave final decision in the appeal was stated by the petitioner by filing a supplementary affidavit.
(3.) The question is whether in the present writ petition the petitioner can be permitted to question the order of the appellate authority dated September 15, 2003. I agree with counsel for the respondents that during pendency of the appeal the petitioner was not entitled to take out a writ petition challenging the removal order (see : State of Punjab v. Punjab Fibres Ltd., AIR 2005 SC 437), though he was free to take it out questioning inaction on the part of the appellate authority.;