The State Of Bihar And ORS v. Sabir Ali

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1551 of 2017 In Civil Writ Jurisdiction Case No.7671 of 2008 ======================================================

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Secretary-cum-Commissioner, Road Construction Department, Government of Bihar, Patna.

3. The Deputy Secretary-cum-Chief Vigilance Officer, Road Construction Department, Government of Bihar, Patna.

4. The Special Officer-cum-Deputy Secretary, Road Construction Department, Government of Bihar, Patna.

5. The Engineer-in-Chief-cum-Additional Commissioner-cumSpecial Secretary, Road Construction Department, Government of Bihar, Patna.

... ... Appellant/s

Versus

Sabir Ali, Son of Late Ashgar Ali, Resident of Mohalla- Nazni Chowk, Ganj No.2, P.S.- Bettiah, District- West Champaran (Bettiah). ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. S.K. Sharma, A.C. to AAG-3 For the Respondent/s :

.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-11-2018 Heard the learned counsel for the State. It is informed that the sole respondent Sabir Ali has died.

The Letters Patent Appeal questions the correctness of the punishment orders that were to be complied with by the respondent in his personal capacity. In the said circumstance, when the respondent has died, we see no reason to now allow the appellants to continue with the proceedings after substitution, moreso keeping in view the peculiar facts of the

Patna High Court LPA No.1551 of 2017(6) dt.30-11-2018 2/2 case.

The Appeal is, accordingly, consigned to records. (Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) P.K.P./-R.S.Sen U