Page No.# 1/5 GAHC010212392026 2026:GAU-AS:15440 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3487/2026 ON THE DEATH OF AWADH BIHARI MISHRA, HIS LEGAL HEIRS NAMELY PUSHPA MISHRA AND 4 ORS. W/O- LATE AWADH BIHARI MISHRA, R/O- VILLAGE GAIGHAT, .- BAGHOUCH, P.S.- HALDI, DIST.- BALLIA, UTTAR PRADESH, PIN-277402 2: SUNIL KUMAR MISHRA S/O- LATE AWADH BIHARI MISHRA R/O- VILLAGE GAIGHAT P.- BAGHOUCH P.S.- HALDI DIST.- BALLIA UTTAR PRADESH PIN-277402 3: SUJIT KUMAR MISHRA S/O- LATE AWADH BIHARI MISHRA R/O- VILLAGE GAIGHAT .- BAGHOUCH P.S.- HALDI DIST.- BALLIA UTTAR PRADESH PIN-277402 4: SUNITA MISHRA D/O- LATE AWADH BIHARI MISHRA R/O- VILLAGE GAIGHAT P.O.- BAGHOUCH P.S.- HALDI DIST.- BALLIA UTTAR PRADESH PIN-277402 5: SUSHIL KUMAR MISHRA S/O- LATE AWADH BIHARI MISHRA R/O- VILLAGE GAIGHAT .O.- BAGHOUCH P.S.- HALDI Page No.# 2/5 DIST.- BALLIA UTTAR PRADESH PIN-27740 VERSUS THE UNION OF INDIA AND ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI 2:THE INSPECTOR GENERAL CRPF SOUTHERN SECTOR ROAD NO. 10-C JUBILEE HILLS NEAR NEW MLA/MPS COLONY GAYANTHRI HYDERABAD ANDHRA PRADESH. HILLS 3:THE DEPUTY INSPECTOR GENERAL CRPF AVADI CHENNAI RANGE CHENNAI TAMILNADU. 4:THE COMMANDANT 142 BN. CRPF JONAKI ASSAM. NAGAR GOLAGHAT 5:THE ENQUIRY OFFICER-CUM DEPUTY COMMANDANT 142 BN. CRPF JONAKI NAGAR GOLAGHAT ASSAM Advocate for the Petitioner : MR B P BORAH, MR H MAZUMDER Advocate for the Respondent : DY.S.G.I., Linked Case : WP(C)/2578/2014 Page No.# 3/5 AWADH BIHARI MISHRA S/O SRI DHARAM DEO MISHRA FORCE NO.903066414 HC/DVR 142 BN. CRPF JONAKI NAGAR GOLAGHAT ASSAM PERMANENT R/O GAIGHAT P.O. BAGHOUCH P.S. HALDI DIST- BALLIA U.P. PIN-277402 VERSUS THE UNION OF INDIA and 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI 2:THE INSPECTOR GENERAL CRPF SOUTHERN SECTOR ROAD NO.10-C JUBILEE HILLS NEAR NEW MLA/MPS COLONY GAYANTHRI HILLS HYDERABAD ANDHRA PRADESH 3:THE DY. INSPECTOR GENERAL CRPF AVADI CHENNAI RANGE CHENNAI TAMILNADU 4:THE COMMANDANT 142 BN. CRPF JONAKI NAGAR GOLAGHAT ASSAM 5:THE ENQUIRY OFFICER CUM DY. COMMANDANT Page No.# 4/5 142 BN. CRPF JONAKI NAGAR GOLAGHAT ASSAM ------------ Advocate for : MR.A RAHMAN Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA and 4 ORS BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 13.10.2026 Heard Mr. B.P. Borah, learned counsel for the applicants. Also heard Mr. R. K. Debchoudhury, learned DY.S.G.I for the respondents. 2. This is an application seeking substitution of the legal heirs of the deceased petitioner in the connected WP(C)/2578/2014. 3. The aforesaid writ petition was filed by the petitioner challenging the order of dismissal from service passed by the respondents. During the pendency of the writ petition, the petitioner has expired. However, the cause of action still survives in favour of the legal heirs of the deceased petitioner. Accordingly, it is prayed that the applicants, being the legal heirs of the deceased petitioner, be allowed to be substituted in his place. 4. Having considered that the applicants are the legal heirs of the deceased petitioner in the aforesaid connected WP(C)/2578/2014, wherein the order dated 27.12.2012 imposing the penalty of dismissal from service has been challenged, and the cause of action and right to sue appears to be survived, I deem it fit to allow this application. Page No.# 5/5 5. Accordingly, the legal heirs of the deceased petitioner, namely, (1) Smt. Pushpa Mishra, wife; (2) Shri Sunil Kumar Mishra, son; (3) Shri Sujit Kumar Mishra, son; (4) Smt. Sunita Mishra, daughter; and (5) Shri Sushil Kumar Mishra, son, are allowed to be substituted in place of the deceased petitioner. 6. This Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant