IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.759 of 2009 1. THE STATE OF BIHAR 2. THE SECRETARY CUM COMMISSIONER, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE ENGINEER-IN-CHIEF-CUM-SPECIAL SECRETARY, P.H.E.D., GOVT. OF BIHAR, PATNA. 4. THE JOINT SECRETARY ( MANAGEMENT CELL) P.H.E.D., GOVER. OF BIHAR, PATNA. Versus 1. DR.CHANDRA BHAN SHARMA SON OF LATE RAMSWAROOP SINGH, SENIOR RESEARCH OFFICER IN INDUSTRIES WASTE DISPOSAL AND WATER POLLUTION RESEARCH UNIT OF P.H.E.D. AT PUBLIC HEALTH INSTITUTE, PATNA, DIST. PATNA. 2. THE SECRETARY CUM COMMISSIONER, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE SECRETARY CUM COMMISSIONER, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. ----------- 3/ 24.12.2009 I.A. No.3626 of 2009 has been filed for condonation of delay of 49 days in filing the letters patent appeal. For the reasons stated in the petition, the delay in filing the appeal is condoned. Mr. Mahesh Prasad, learned counsel for the Appellant- State submits that the present letters patent appeal has been preferred as the learned Single Judge, while allowing the interest, has directed that the amount of interest shall be recovered from the deponent who has sworn the counter affidavit. On a query made from the learned counsel for the State, he has fairly stated that the State has no objection to pay the interest amount but this should not be - 2 - recovered from the Officer, who has sworn the counter affidavit. Without entering into the merits of the case, we direct that the officer should not be mulcted with the liability of payment of interest component from his own pocket. The order is modified to the extent that the petitioner of the writ petition is entitled for the interest as directed but the same shall be borne by the State and not by the deponent of the counter affidavit. With the aforesaid modification, the letters patent appeal stands disposed of. ( Dipak Misra, CJ ) ( Shiva Kirti Singh, J ) BTiwary/