IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9702 of 2003 SMT.RAJAMMA .B@ RAJAMA BHASKAR, wife of Shri Suresh Kumar, resident of Bhashkar Niwas, village and post- Mevada Palai, P S. Palai, District Kottayam, Kerla, at present resident of C/o S. K. Enterprises, Paschim Darwaja, Tam Tam Paraw, Gulzarbag, P S. Alamganj, District- Patna…. Petitioner. Versus 1. THE STATE OF BIHAR, through Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Commissioner cum Secretary, Health Department Government of Bihar, Vikash Bhawan, Patna. 3. The Director, Health Services, Bihar, Patna. 4. Civil Surgeon cum Chief Medical Officer, Patna. 5. Deputy Superintendent, Rajendra Nagar, Hospital, Rajendra Nagar, Patna. 6. Dr. Smt. Mrinalini Yadav, wife of Late Dr. Gajendra Yadav, Ex.-Deputy Superintendent, Rajendra Nagar/ Hospital, Patna, at present posted as Civil Surgeon cum Chief Medical Officer, Bhagalpur. … Respondents. ------------- 3. 29.7.2010 No one appears for the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ petition reads as follows; “1. That this writ application is being filed for issuance of writ in the nature of mandamus or any other appropriate writ/writs, direction/directions, order/orders commanding the respondents to release the petitioners earn leave salary of December, 1999, salary of January and February 2000 salary of January and February 2001, Uniform Allowances of year 1999, 2000 and 2001 and other payments payable to the petitioner with interest, penal interest and cost of litigation.” With regard to the aforementioned prayer 2 counsel for the State on the basis of the averment made in the counter affidavit would submit that in view of the audit report it was found that the petitioner in capacity of Centre Incharge in Rajendra Nagar Hospital had misappropriated the government fund to the tune of Rs.1,48,906/- and therefore the amount being claimed by the petitioner in this writ petition has also been made part of recovery whereafter the petitioner has also been paid the balance amount payable on the head of retirement benefit. In that view of the matter, this writ petition has become infructuous and is dismissed accordingly. kanchan/ (Mihir Kumar Jha, J.)