JUDGEMENT
Mukul Mudgal -
(1.)This is an application under Order XXII, Rule 3 read withSection 151, Code of Civil Procedure application for bringing the legal heirs of thedeceased petitioner on record in the present writ petition. The writ petitionchallenges the petitioner's removal from service on 10/02/1981. The writpetition was filed thereafter in this Court on 21/02/1981. During thependency of the writ petition, the petitioner died on 21/01/1995 and thepresent application to bring the legal heirs on record was filed within 90 days.
(2.). The main plea of Mr. Ramesh Chandra, the learned Senior Counsel for therespondent No. 2 in opposing the substitution of the legal heirs on record is that evenif this Court were to set aside the dismissal and grant the reinstatement, it wouldbe open to respondent No. 2 to hold an inquiry afresh against the petitioner. Hefurther submits that the cause of action would not survive in such an eventualityand the substitution cannot then be permitted. In support of this plea he relied on a judgment of the Madras High Court reported in AIR 1966 Madras 260 (V 53 C 77)The aforesaid judgment held that in a writ petition filed by a dismissed employee praying for quashing of the dismissal order as being violative of the principles of natural justice, the charges against the petitioner/employee were not likely to bewiped out even by issue of a writ in his favour and consequently the bringingof legal heirs on recotherd by deceased employee/petitioner would at best lead to anissue of a futile writ as the petitioner did not have a legal right. With respect I amnot persuaded to agree with the view taken by the learned Single Judge of theMadras High Court.
(3.). There are at least three judgments, i.e. K.L. Bhasali v. The Chief Controller of Imports & Exports, PLR 19 (Vol. LXIX-1967) Delhi Section; Bhagwan Singh andOthers v. Additional Director of Consolidation, Punjab, Ferozepore and Another, AIR 1968 P&H 360 and lbrahimbhai Karimbhai and Others v. Stateof Gujarat, AIR 1968 Gujarat 202 which take a view contrary to the view taken bythe Madras High Court.
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