IMPORTANT POINT
Order of disciplinary authority merges with that of the appellate authority. Therefore if appellate order is dismissed, the original order also becomes non est.

( 1 ) LEAVE granted.

( 2 ) CHALLENGING the judgment and order passed by the High Court of Allahabad in Writ petition No. 4436 (S/s) of 2005 dated 05. 04. 2007, the appellant is before us in this appeal.

( 3 ) THE appellant was working as Collection amin. While in service, he was served with a charge memo, inter-alia alleging, that, instead of depositing the amount by himself, he got it deposited through Peon. After holding an enquiry, he was visited with a minor penalty. Adverse entry in his confidential records by district Magistrate, Sitapur vide his order dated 31. 10. 2003. In the same order, it was informed to the appellant that payment of back wages during the period of suspension will be determined separately. Aggrieved by the order so passed, the appellant had preferred appeal before the appellate authority as provided in the Rules. The appellate authority vide his order dated 04. 04. 2005 has dismissed the appeal of the appellant.

( 4 ) THERE is yet another aspect of the matter that requires to be noticed. The competent authority by order dated 13. 09. 2004 had rejected the claim of the appellant for back wages during the period of suspension till the date of reinstatement into service, only on the ground, that, the appellant had not performed any work during the period of suspension. This order is also confirmed by the first appellate authority vide his order dated 04. 04. 2005.

( 5 ) THE appellant had called in question the order passed by the appellate authority dated 04. 04. 2005 and the orders passed by the district Magistrate, Sitapur dated 31. 10. 2003 and 13. 09. 2004 and further for a direction to the respondents to pay the full amount of salary for the period, when appellant was kept away from service by an order of suspension dated 22. 10. 1998, by filing a writ petition before the High Court.

( 6 ) THE High Court, vide its order dated q5. 04. 2007 has allowed the writ petition in part by quashing the order dated 04. 04. 2005 passed by Commissioner, Luck now Division, luck now (Appellate authority) and has declined to quash the order dated 31. 10. 2003 and 13. 09. 2004 passed by District Magistrate, sitapur.

( 7 ) WE have heard learned counsel for the parties.

( 8 ) THE order passed by the appellate authority dated 04. 04. 2005 is a composite order. In the said order, the appellate authority has considered the order passed by the District magistrate dated 31. 10. 2003 wherein he has imposed a minor penalty of making adverse entry in the service records and the order dated 13. 09. 2004, wherein the same authority has declined to order the payment of salary during the period when appellant was kept out of service and has confirmed the same vide his order dated 04. 04. 2005. In that view of the matter, the order passed by the District magistrate has merged with the order passed by the appellate authority (See commissioner of Wealth Tax v. Mrs. Kasturbai Walchand and Ors. [jt 1989 (2)SC 4 ; 1989 (Supp. 1) SCC 640], Devi Singh v. Board of Revenue [jt 1993 (6) SC 192 ; 1994 (1) SCC 215j, Chandi Prasad and Ors. v. Jagdish Prasad and Ors. [jt 2004 (8) SC 255 ; 2004 (8) SCC 724]. That order passed by the appellate authority is set aside by the high Court. Therefore, the only inference that can be drawn is, that the order passed by the district Magistrate, Sitapur dated 31. 10. 2003 and the order passed on 13. 09. 2004 is set aside by the High Court. In our view, having set aside the order dated 04. 04. 2005, there is no reason for the Court to decline to set aside the order passed by the District magistrate, Sitapur dated 31. 10. 2003 and the order dated 13. 09. 2004. When an appeal is filed before the appellate authority against an order passed by the District Magistrate, the impugned order merges in the order passed by the appellate authority, when the appeal is disposed of on merits. When that order of the appellate authority is set aside, the natural consequence is that the orders passed by the district Magistra