Kirpal, J. - (1.) Leave granted.
(2.) The only question which arises for consideration in this appeal is whether the heir of a civil servant who was prosecuted in a Court of law but was ultimately acquitted, though by that time he had died, can be permitted to continue the proceedings before the Court and claim the grant of retrospective promotion to the deceased and the consequential monetary benefits.
(3.) The husband of the appellant, S. S. Shrivastava was a member of the Indian Audit and Accounts Services (Class-I). During the period 1964-69, he was working as a Financial Adviser to the River Valley Project Department under the State of Bihar. After the general elections of 1969, a Commission of Enquiry was set-up to enquire into the alleged misdeeds of some of the Ministers in the erstwhile Government. After the receipt of the report, the said S. S. Shrivastava along with the concerned minister and the Chief Administrator of the River Valley Project was prosecuted under the Prevention of Corruption Act. The Special Judge convicted S. S. Shrivastava and sentenced him to simple imprisonment of two years and a fine of Rs. 10,000/-. An appeal was preferred by S. S. Shrivastava, but during the pendency of the appeal before the High Court of Patna, he expired. On an application being made, the appellant as late Shri, S. S. Shrivastava's heir was permitted to be substituted in the proceedings. Ultimately, by judgment dated 13-4-1983, the said appeal was allowed and the conviction and sentence were set aside.;