In a PIL filed by the widow under Article 226, the court set aside an order cancelling promotion granted to her deceased husband as it was passed against him after his death. The court held such an order as a nullity.
The impugned order dated 9.5.2001 cancelling the promotion granted to the deceased petitioner's husband during his lifetime is set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7925 of 2002
SAROJ JHA
Versus
THE STATE OF BIHAR & ORS
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For the Petitioner : Mr A.K.Singh Tarun, Advocate
For the State : Mr A.K.Singh, Advocate
For the A.G. : Mr Sanjay Kumar, Advocate
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The petitioner who is widow of the deceased employee is aggrieved by the impugned order dated 9.5.2001 cancelling the promotion granted to her deceased husband during his life time after his demise on 28.7.1998.
Learned Counsel for the State submits that the promotion was subject to the approval of the Finance Department which declined such confirmation leading to the impugned order.
This Court can do no better than rely upon a Division Bench judgement of this Court reported in 1998 (1) PLJR 648 (Harinandan Prasad & anr. Vs. Smt. Basmati Devi) that an order passed against a dead person is a nullity. In view of the law authoritatively laid down by this Court the impugned order dated 9.5.2001 is not sustainable. It is accordingly set aside.
The writ application stands allowed.
Snkumar/-
(Navin Sinha,J.)
2 issues framed by the court
Whether an order passed against a deceased person is a nullity and can be set aside.
Whether the impugned order cancelling promotion to the deceased petitioner's husband was sustainable.
Colour shows how this judgement treated each authority
Harinandan Prasad & anr. Vs. Smt. Basmati DeviRelied on¶7
1998 (1) PLJR 648
Saroj Jha
The State of Bihar & Ors.
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court