( 1 ) THIS petition was filed by the petitioner Mr. T. A. Laxmanan challeng- ing the punishment of removal inflicted upon him. However, during the pendency of the writ petition, petitioner died. His legal heirs moved CM. 5707 of 1998 under Order XXII rule 3 of the Code of Civil Procedure to bring themselves on record in place of deceased petitioner and the same was allowed vide order dated 17/05/1999 as no reply was filed to this application. Amended memo of parties bringing legal representatives on record was filed. When the matter was argued respondent took the preliminary objection to the effect that writ petition stood abated on the death of the petitioner and it cannot be pursued by the legal representative of the petitioner as cause of action did not survive after the death of the petitioner. Therefore before deciding the validity of the punishment imposed upon the deceased petitioner, this preliminary objection of the respondent has also to be decided. The dispute has the following factual backdrop.

( 2 ) PETITIONER joined the respondent namely. International Airport Authority of India (hereinafter referred to as IAAI, for short) in the year 1973 as Manager (Airpo