IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12635 of 2005 Smt.Mentus Devi, wife of Late Amar kant Choudhary (Ex- Cashier, B.S.R.T.C. Saharsa) resident of village Bishanpur, Post Office-Basaha Mirzapur, Police Station- Ashok paper Mills Via Anandpur, Darbhanga …Petitioner Versus 1. The Bihar State Road Transport Corporation through its Managing Director, Parivahan Bhawan, Birchand Patel Path, Patna 2. The Administrator, Bihar State Road Transport Corporation Parivahan Bhawan, Birchand Patel Path, Patna 3. The Divisional Manager, Bihar State Road Transport Corporation Purnia. 4. The Depot Superintendent, Bihar State Road Transport Corporation Saharsa. …Respondents For the petitioner :Mr. Rajeeva Roy & :Mr. Makardhwaj Upadhyay For the Corporation :Mr. Nand Kumar Singh & :Mr. Arvind Kumar ----------- 06. 24.11.2011 Heard Mr. Roy for the petitioner and Mr. Singh for the Respondent-Bihar State Road Transport Corporation (for short ‘the Corporation’). Husband of the petitioner was an employee of the Corporation. He was proceeded against departmentally and afflicted punishment of dismissal from service. Aggrieved thereby he filed appeal. During the pendency thereof, the husband of the petitioner died. The appellate authority, in view of aforesaid facts, dismissed the appeal on the said ground alone. In other words, the appeal filed by the delinquent employee pending for consideration was not considered on merit. Aggrieved thereby, the widow of the deceased employee (the 2 petitioner herein) filed a writ proceeding in this Court being CWJC No. 14823 of 2001. This Court, by a proceeding dated 29.11.2001 (Annexure-9) disposed of the said writ petition directing the appellate authority to consider the appeal filed by the deceased delinquent employee on merit after affording an opportunity of hearing to his widow, namely, the writ petitioner. In the light of the aforesaid order, the appellate authority again considered the appeal wherein the petitioner was afforded opportunity to appear and make submissions. On a consideration of entire materials available on record, the appeal was partly allowed. The punishment of dismissal was altered into one of discharge. In other words, the deceased employee was made entitled to all terminal benefits. Having heard the parties and considering the import of the order dated 10.9.2002 (Annexure-1) passed by the appellate authority, in my view, the present application has lost its significance and becomes infructuous. The application stands disposed of. hr ( Kishore K. Mandal )