The Northern Power Distribution ... vs Z. Somaiah
2021 Latest Caselaw 3768 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
       THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY



                 WRIT APPEAL No.722 of 2019


JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal is arising out of the order

dated 31.12.2018 passed by the learned Single Judge in

W.P.No.22539 of 2009.

     The facts of the case reveal that the respondent

No.1 before this Court, Z. Somaiah, now represented

through legal heirs in the writ appeal, was granted

compassionate appointment in the year 2003 on the post

of Attender, as his father expired on 07.11.2002. While

he was serving as Attender, a show cause notice was

issued on the ground that he has suppressed his correct

date of birth for obtaining appointment on compassionate

grounds. A charge sheet was also issued to him. The

enquiry officer thereafter conducted an enquiry and

arrived at a conclusion that the misconduct is proved

and in those circumstances, an order was passed on

30.09.2009 dismissing him from service. The order dated

30.09.2009 was subjected to judicial scrutiny and the

learned Single Judge, by taking into account the evidence

on record and the documents produced by the employer

as well as the employee, has allowed the writ petition

directing reinstatement of the respondent No.1 with all

consequential benefits. The writ appeal was preferred

and during the pendency of the writ appeal, Z.Somaiah

expired in the year 2019. The order was passed by the

learned Single Judge on 31.12.2018. Meaning thereby,

the death has taken place when the judgment was

already in existence directing his reinstatement into

service.

At this juncture, this Court cannot affirm the order

of dismissal from service, as the employee is no more.

The writ appeal was preferred with a delay and therefore,

in the considered opinion of this Court, as no

punishment can be inflicted upon the employee who is no

more, the question of interference with the order passed

by the learned Single Judge does not arise.

The writ appeal is accordingly dismissed. The

miscellaneous applications pending in this writ appeal, if

any, shall stand closed. There shall be no order as to

costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 25.11.2021 vs