IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9433 of 2005 MD.AHSAN KHAN (since dead and substituted by his L.Rs.) Versus THE STATE OF BIHAR & ORS ----------- 2 11.5.2009 Heard counsel for the petitioner and counsel for the State. The sole petitioner having died on 15.01.2009, an application has been filed by his wife and dependent son, namely, Anisha Begam and Md. Meraj Khan for their being substituted in place of the original writ petitioner. In view of the fact that the right to sue will still survive, inasmuch as, the payment of amount admissible to the original writ petitioner, if allowed by this Court in this writ application, would now be available to the wife and the dependent son respectively, this Court must hold that the I.A. No. 2750 of 2009 is fit to be allowed and accordingly, the name of the original writ petitioner is directed to be deleted and in his place the name of the wife, namely, Anisha Begam and son, namely, Md. Meraj Khan shall be substituted. The office may accordingly make necessary correction in the writ petition. Coming to the merits of this case, this Court would find that the order of punishment of dismissal from service against the original writ petitioner was based on charges of either absence from duty or disobedience of transfer order. Normally, in his life time, even if the aforesaid most severe punishment being and sustainable such a charge, he could have still be made answerable for the same for a lesser punishment but now he is no longer around and his widow and dependent son cannot be made to bear the burnt of the alleged 2 misconduct committed by him. This Court at the same time must hold that the order of punishment awarding dismissal from service for disobedience of transfer order dated 11.10.1999 and/or remaining absent from duty for a period of nearly one year, would be wholly disproportionate to the alleged misconduct keeping in view his otherwise unchequered service records of nearly twenty-five years w.e.f. 6.9.1975 during which he had also earned 237 awards including an out of turn promotion for an act of bravery. This Court even otherwise is satisfied that the order of dismissal of the deceased original writ petitioner dated 4.9.2000 and the appellate order dated 13.10.2004 are bad and accordingly the same is substituted by awarding punishment of compulsory retirement w.e.f. 4.9.2000, which would enable the substituted petitioners to get retirement benefits or at least compassionate pension in terms of Rules w.e.f. 4.9.2000. It is made clear that the substituted petitioners will not be entitled for any benefits except the retirement benefits. It is expected that the widow and dependent children of the deceased original writ petitioner will not be made victim of the earlier wrath suffered by the original writ petitioner, largely on account of his own over dedication in Bihar Police Men Association (trade union) activities. With the aforesaid observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)