LPA/544/1993 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 544 of 1993 In SPECIAL CIVIL APPLICATION No. 3267 of 1991 With SPECIAL CIVIL APPLICATION No. 3267 of 1991 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PRINCIPAL CHIEF CONSERVATOR OF FORESTS & 1 - Appellant(s) Versus M.K. GOHIL - Respondent(s) ========================================================= Appearance : MRS ML SHAH, AGP for Appellant(s) : 1 - 2. MR NIKHIL KARIEL for MR BP TANNA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 03/03/2008 LPA/544/1993 2/3 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal preferred by the State Government under clause 15 of the Letters Patent arises from the order dated 25th June, 1992 made by the learned Single Judge pending above Special Civil Application No.3267/1991. The subject matter of challenge was initiation of disciplinary proceeding against the writ petitioner, a retired Government servant. We are informed that pending the present proceedings the writ petitioner has passed away. His legal representatives have not come-forth to prosecute the matter further. We are also informed that pending the proceeding, disciplinary inquiry was not proceeded further till the delinquent passed away. By formal order dated 16th December, 1995, the inquiry has been dropped. The successors of the delinquent servant have been paid the amount of terminal benefits. In above view of the matter, the cause of action does not survive. The Letters Patent Appeal and the LPA/544/1993 3/3 JUDGMENT Special Civil Application are disposed of. Rule nisi issued in the Special Civil Application is discharged. There shall be no order as to cost. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) /moin