IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.858 of 2008 DR.Ram Jatan Sinha S/O. Late Rameshwar Singh, University Professor of Chemistry, Patna University, resident of Road no. 2, Vivekanand Nagar Park, Patliputra Colony, Patna – 800013. Versus 1. The Chancellor, Universities of Bihar, Patna. 2. The Vice Chancellor, Patna University, Patna. 3. The Registrar, Patna University, Patna. 4. Dr. Udar Jha son of name not known, University Professor of Chemistry Department, Science College, Patna, P.s. Pirbahore, Patna 800005. 5. Dr. Dharm Prakash Son of Late Kuldip Narayan, resident of Professors’ quarter, Science College Campus, Patna University, P.S. Pirbahore, Town & District Patna – 800005 ----------- For the Appellant : M/S. Rajendra Prasad Singh, Sr. Advocate & Pushkar Narain Shahi. For the Respondent no. 1: Mr. Shivendra Kishore. For Respondent nos. 2 & 3: Mr. Ajoy Kumar Sinha For Respondent no. 4 : Mr. Anil Singh ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 25th November, 2008. We heard Mr. Rajendra Prasad Singh, Senior Counsel for the appellant. To our query whether the order dated 16th October, 2008, impugned in the present appeal, came to be passed by the Single Judge after hearing him (respondent no.4 therein) or not, Senior Counsel would submit that the appellant (respondent no. 4) was not heard. If that be so, we are satisfied that the merit of the diverse - 2 - contentions raised in the appeal need not be examined by us and interest of justice would be sub-served if the appellant applies to the Single Judge for vacation of the interim order dated 16th October, 2008. We observe that if such an application is made by the appellant, the Single Judge would consider the same and pass appropriate order after hearing the parties concerned. 2. With the aforesaid observations, this Letters Patent Appeal is disposed of. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-