ORDER : The petitioner, since deceased, was a police head constable against whom certain charges were framed. A departmental enquiry there into resulted in an order of dismissal from service. The petitioner, after exhausting his remedies by way of appeal, came to this court, seeking the issue of a writ of certiorari on certain grounds, which it is unnecessary to refer to. Since filing the petition, he died and his legal representatives have come on record.

2. The preliminary question arises whether the writ proceedings are maintainable in the circumstances of the case. It is contended by the learned counsel appearing for the State, that any order that can be made in this case is of an interest personal only to the dismissed officer, and that since the legal representatives can claim no personal right, they cannot agitate the question. On behalf of the petitioners, Mr. Mohan urges that this being an application for the issue of a writ of certiorari, what is sought is only to have the offending record removed. Reference has been made to Basappa v. Nagappa, 1955 SCR 250 : (AIR 1954 SC 440), dealing with the features of a writ of certiorari, their Lordships of the Supreme Court