IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No. 623 of 2010 IN CIVIL WRIT JURISDICTION CCASE. NO.5081 of 2006 WITH INTERLOCUTORY AAPPLICATION NO. 3190 of 2010 WITH INTERLOCUTORY APPLICATION NO.3191 of 2010 IN LETTERS PATENT APPEAL No. 623 of 2010 =============================================== 1. The State Of Bihar 2. The District Accounts Officer, Patna 3. The Secretaru. Secondary Primary & Adult Education, Bihar, Patna 4. The Deputy Secretary, Human Resources Development Department, Bihar, Patna 5. The Director, Primary Education Department, Bihar 6. The Commissioner, Patna Division, Patna 7. The District Superintendent of Education, Patna 8. The Sub-divisional Education Officer, Barh, Patna 9. The Headmaster, Sri MahanthYadunandan Das Mahavidyala Chakdattat, P.S. & P.O. Bhakiyarpur, Patna ……….. Appellants Versus 1. Bachchu Prasad s/o late Keshwar Pd. Singh, r/o village Harauli, P.O. Nayabigha, P.S. Barh, District – Patna, presently residing at Bihali Malahi, P.O. & P.S. Barh, Patna 2. The Accountant General, Bihar, Patna …….. Respondents =================================================== APPEARANCE: For the Appellants : Mr. Lakmesh Marvind, AC to SC XX For the Respondents : Mr. S.N.Singh, Advocate ============================================ CORAM : HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 1/12/2010 The matter at dispute arises from recovery sought by the appellant State of Bihar from the respondent, a retired teacher; 17 years after the date of the cause of action and 2 years after the date of retirement; that too without following the minimal principle of natural justice. 2 The learned Single Judge has, under the impugned judgment and order dated 1st November 2007, set aside the action of the appellant State of Bihar. We have heard learned advocate Mr.Lakmesh Marvind extensively. Neither sufficient cause has been made out for the delay of 2 years and 115 days nor do we find any merit in the Appeal. For the aforesaid reasons, Limitation Petition no.3191 of 2010 is rejected. Consequently, Letters Patent Appeal no.623 of 2010 and Interlocutory Application no.3190 of 2010 stand disposed of. Neyaz/ ( R. M. Doshit,CJ.) (Jyoti Saran, J.)