Rabindra Kumar Sinha v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4222 of 2023 ====================================================== Rabindra Kumar Sinha Son of Late S.M. Prasad, Ex- Workshop Manager (Diesel and Wagon), Eastern Railway, Jamalpur, District- Munger, Pin Code811214 (Bihar) Resident of Suraj Rudrani Niwas, East Lohanipur, Kadamkuon, Das Lane, Post- Kadamkuon, P.S.- Kadamkuon, District- Patna, Pin- Code- 800003 (Bihar).

... ... Petitioner/s

Versus

1.

The Union of India through the Chairman, Railway Board, Ministry of Railway, Rail Bhawan, New Delhi- 110001.

2.

The Member (Rolling Stock), Railway Board, Ministry of Railway, Rail Bhawan, New Delhi- 110001.

3.

The Secretary, Railway Board, Ministry of Railway, Rail Bhawan, New Delhi- 110001.

4.

The General Manager, Eastern Railway, Kolkata, 17, Neta Je Subash Chandra Road, Kolkata Pin Code- 700001 (W.B.). 5.

The General Manager (Personnel), Eastern Railway, Kolkata, 17, Neta Je Subash Chandra Road, Kolkata Pin Code- 700001 (W.B.). 6.

The Financial Officer and Chief Accounts Officer, Eastern Railway, Kolkata, 17, Neta Je Subash Chandra Road, Kolkata Pin Code- 700001 (W.B.). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Munna Pd Dixit (M.P. Dixit) For the Respondent/s :

Mr.Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 18-03-2024 Re:I.A. No. 1 of 2024 Heard I.A. No. 1 of 2024 for substitution of petitioner Rabindra Kumar Sinha. The deceased - Rabindra Kumar Sinha has assailed the order of initiation of departmental inquiry before the Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 050/00871 of 2018 and suffered an order. Hence,

Patna High Court CWJC No.4222 of 2023(6) dt.18-03-2024 2/2 the present writ petition.

2. During pendency of the present writ petition Rabindra Kumar Sinha has died on 20.05.2023. In this backdrop and the fact that disciplinary proceedings have not attained finality in imposing any penalty on the deceased - Rabindra Kumar Sinha. The entire disciplinary proceedings stands abated.

3. Accordingly, the present writ petition stands disposed of as abated.

4. Interlocutory Application for substitution of petitioner does not survive for consideration. Accordingly, I.A. No. 1 of 2024 stands disposed of.

5. Legal heirs are at liberty to approach official respondents insofar as claiming monetary benefits which were due to the deceased. If they approach the concerned official respondents are requested to redress at the earliest. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) abhishekkr/- U