IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10941 of 2003 SHIV NARAIN RAM . Versus THE STATE OF BIHAR & ORS . ----------- 6. 25.1.2010 Heard learned counsel for the petitioner and the State. The original petitioner was deceased during the pendency of the writ application on 5.10.2006. I.A. No. 3708 of 2007 has been filed by his legal heirs for substitution. The matter appears to have financial implication for the family of the deceased. After hearing counsel for the parties, I.A. application is allowed. The original deceased petitioner is stated to have been a Halka Karamchari, was proceeded with departmentally of having made certain wrong report in the Basgit parcha case leading to wrong recordings. The order of punishment on 3.4.2002, with stoppage of two increments with cumulative effect and nothing beyond subsistence allowance which was otherwise be counted for the purposes, came to be passed. The appeal preferred by him came to be dismissed. Counter affidavit has been filed on behalf of the respondents. It takes it beyond any controversy that before visiting the deceased with any punishment he was not given a second show cause notice. That by itself vitiates the order of 2 punishment. In the nature of the allegation, the employee being a Halka Karamchari, he having already been deceased, this Court is not persuaded that it shall be in the interest of justice to compel his legal heirs to continue to face harassment . The order of punishment dated 13.4.2002 as also the appellate order dated 19.4.2003 are accordingly set aside. The application is allowed. Let the consequential benefits be made available to the substituted petitioner within a maximum period of three months from the date of receipt/production of a copy of this order. P. Kumar (Navin Sinha, J.)