JUDGMENT : 1. This appeal is preferred to question correctness of order dated 28th July, 2016 passed by learned Single Bench in S.B. Civil Writ Petition No.5228/2012. 2. By the order aforesaid, learned Single Bench dismissed the writ petition by arriving at the conclusion that the writ petition has become infructuous in view of the fact that entire evidence in the disciplinary proceedings had already been reckoned. 3. The only argument advanced by learned counsel for the appellant is that the final order as a result of disciplinary action has yet not been passed and, therefore, learned Single Bench erred while arriving at the conclusion that the writ petition has become infructuous. 4. We do not find any merit in the arguments advanced. 5. The appellant-petitioner preferred the writ petition with a ground that disciplinary proceedings is allowed to be continued then recording of evidence will adversely effect defence in criminal trial said to be in progress for the same charges. It is not in dispute that during pendency of the writ petition, the entire evidence in the disciplinary proceedings has already been recorded and as such the apprehension of the petitioner is not surviving. Learned Single Bench thus rightly arrived at the conclusion that the writ petition by efflux of time rendered infructuous. No interference with the order impugned as such is desirable. 6. The appeal is thus dismissed.