IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.873 of 2008 THE PRINCIPAL,A.N.COLLEGE,PATNA Versus DR.SUDAMA SINGH & ORS ----------- For the appellant: Mr. H.S. Himkar Mr. A.Kumar, Advocates For the respondent nos.1 & 2: Mr. Ashok Kumar Dubey, Advocate For the University : Mr. Dineshwar Tiwary J.C to Mr. Yugal Kishore, Sr. Advocate --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 11th November, 2008 This appeal is at the instance of the Principal, A.N. College, Patna, aggrieved by the order dated 9th September, 2008, to the extent that the single judge by awarding interest to the writ petitioners for delayed payment of their salary directed that the amount of interest shall be recovered from the salary of the Principal of College by the University. 2. The counsel for the appellant sought to justify action on the part of the Principal and submitted that there was no lapse on the part of the Principal in delayed payment of the salary amount to the petitioners. 3. By the impugned order dated 9th September, 2008, the single judge has directed the Magadh University to pay interest 2 to the petitioners. The order of interest came to be passed as it was found that the petitioners have been deprived of the benefits of their salary unjustifiably. Obviously, to that extent there cannot be any objection to the impugned order and, in fact, there is no such objection in the appeal. 4. In our considered view, the interest of justice shall be sub-served if it is observed that it would be open to the Principal, A.N. College, Patna (appellant herein) to make a representation to the Magadh University justifying action on his part and, in the event, Magadh University becomes satisfied that there was no lapse on the part of the Principal, A.N. College, Patna, no recovery of interested paid by the University to the petitioners will be made from him. We observe accordingly. 5. With the aforesaid observations, letters patent appeal is disposed of. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-