Rajasthan High Court - Jodhpur
Union Of India & Ors vs Mohan Lal & Anr on 26 April, 2010
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
D.B. CIVIL WRIT PETITION NO.1806/2006
(U.O.I. Vs. Mohan Lal)
Date of Order : 26.04.2010
HON'BLE MR. JUSTICE A.M. KAPADIA
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Kuldeep Mathur, for the petitioner. Mr. H.S. Sidhu, for the respondent.
This writ petition has been filed by the petitioner - U.O.I. against the judgment of Central Administrative Tribunal dated 07.01.2005 passed in Original Application No.34/03 whereby the learned Tribunal quashed the impugned orders dated 25.3.1997 (A/1) and order dated 7.5.2003 whereby the petitioner was penalized with the penalty of removal from service.
Learned Tribunal in detail judgment held that the order of termination of the petitioner is without jurisdiction.
In this writ petition while issuing notice, the operation of the order of the Tribunal was stayed by this Court on 5.4.2006. Later on, on 17.8.2008 when nobody remained present in the Court inspite of service, the case was admitted and vide order dated 5.12.2007, the stay order was confirmed.
2Today, this case has come up upon application filed by counsel for the respondent supported by affidavit of counsel that as per his information, the respondent Mohan Lal died on 10.10.2009, therefore, it is prayed that this petition may ordered to be abeted and same may be dismissed.
We have perused the application filed by counsel for the respondent along with the affidavit.
In our opinion, if the respondent No.1 has died and no efforts were made by the petitioners to implead any legal representatives of the respondent as party, then obviously, this petition deserves to be dismissed as abeted.
In this view of the matter, for the reason that the respondent Mohan Lal has died on 10.10.2009 and his LRs have not been brought on record till today, this petition is abeted and is hereby dismissed accordingly.
(GOPAL KRISHAN VYAS), J. (A.M. KAPADIA), J.
arun/-