Rabindra Kumar Sinha Vs The Union of India — Patna HC (2024) — LawSathi Research

Rabindra Kumar Sinha Vs The Union of India — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as abated; I.A. No. 1 of 2024 (substitution) disposed of as not surviving; legal heirs given liberty to approach the official respondents to claim the monetary benefits due to the deceased, with a request to the respondents to redress at the earliest.

Issue for consideration

Substitution of the deceased petitioner Rabindra Kumar Sinha sought through I.A. No. 1 of 2024, and whether it survives for consideration. +2 more

Court's answer

The interlocutory application for substitution of the petitioner does not survive for consideration, and I.A. No. 1 of 2024 stands disposed of.

Ratio / Principle

Since the disciplinary proceedings had not attained finality in imposing any penalty on the deceased petitioner, the entire disciplinary proceedings stand abated.

Key takeaways

Accordingly, the present writ petition stands disposed of as abated.ratio¶23
Legal heirs are at liberty to approach the official respondents for claiming the monetary benefits due to the deceased, and the respondents were requested to redress such claims at the earliest.ratio¶25

Detailed headnote1 paragraphs

PATNA HIGH COURT (Oral Order dated 18-03-2024; Per Honourable Justice P. B. Bajanthri, bench comprising also Honourable Justice Alok Kumar Pandey) — Civil Writ Jurisdiction Case No.4222 of 2023. Petitioner Rabindra Kumar Sinha, ex-Workshop Manager (Diesel and Wagon), Eastern Railway, who had assailed the order of initiation of departmental inquiry before the Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 050/00871 of 2018 and suffered an order there, died on 20.05.2023 while the writ petition was pending. Because the disciplinary proceedings had not attained finality by imposition of any penalty on him, the entire disciplinary proceedings stand abated, and the writ petition was disposed of as abated. I.A. No. 1 of 2024 for substitution of the deceased petitioner was held not to survive for consideration and was disposed of. The legal heirs were declared at liberty to approach the official respondents (Railway Board/Eastern Railway functionaries) to claim the monetary benefits due to the deceased, with a request to those respondents to redress such claims at the earliest.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4222 of 2023

======================================================

Rabindra Kumar Sinha Son of Late S.M. Prasad, Ex- Workshop Manager (Diesel and Wagon), Eastern Railway, Jamalpur, District- Munger, Pin Code811214 (Bihar) Resident of Suraj Rudrani Niwas, East Lohanipur, Kadamkuon, Das Lane, Post- Kadamkuon, P.S.- Kadamkuon, District- Patna, Pin- Code- 800003 (Bihar).

... ... Petitioner/s

Versus

The Union of India through the Chairman, Railway Board, Ministry of Railway, Rail Bhawan, New Delhi- 110001.

The Member (Rolling Stock), Railway Board, Ministry of Railway, Rail Bhawan, New Delhi- 110001.

The Secretary, Railway Board, Ministry of Railway, Rail Bhawan, New Delhi- 110001.

The General Manager, Eastern Railway, Kolkata, 17, Neta Je Subash Chandra Road, Kolkata Pin Code- 700001 (W.B.).

The General Manager (Personnel), Eastern Railway, Kolkata, 17, Neta Je Subash Chandra Road, Kolkata Pin Code- 700001 (W.B.).

The Financial Officer and Chief Accounts Officer, Eastern Railway, Kolkata, 17, Neta Je Subash Chandra Road, Kolkata Pin Code- 700001 (W.B.).

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Munna Pd Dixit (M.P. Dixit) For the Respondent/s : Mr.Additional Solicitor General

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

6 18-03-2024

Re:I.A. No. 1 of 2024

Heard I.A. No. 1 of 2024 for substitution of petitioner Rabindra Kumar Sinha . The deceased – Rabindra Kumar Sinha has assailed the order of initiation of departmental inquiry before the Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 050/00871 of 2018 and suffered an order. Hence,

Patna High Court CWJC No.4222 of 2023(6) dt.18-03-2024 2/2

the present writ petition.

2. During pendency of the present writ petition Rabindra Kumar Sinha has died on 20.05.2023. In this backdrop and the fact that disciplinary proceedings have not attained finality in imposing any penalty on the deceased – Rabindra Kumar Sinha. The entire disciplinary proceedings stands abated.

3. Accordingly, the present writ petition stands disposed of as abated.

4. Interlocutory Application for substitution of petitioner does not survive for consideration. Accordingly, I.A. No. 1 of 2024 stands disposed of.

5. Legal heirs are at liberty to approach official respondents insofar as claiming monetary benefits which were due to the deceased. If they approach the concerned official respondents are requested to redress at the earliest.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

abhishekkr/-

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