IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1120 of 2009 1. THE STATE OF BIHAR, THROUGH THE SECRETARY TO THE GOVERNMENT, MINOR IRRIGATION DEPARTMENT, VIKAS BHAWAN, (NEW SECRETARIAT), PATNA. 2. DEPUTY SECRETARY TO GOVERNMENT, MINOR IRRIGATION DEPARTMENT, VIKASH BHAWAN, (NEW SECRETARIAT), PATNA. 3. CHIEF ENGINEER, MINOR IRRIGATION DEPARTMENT, VIKAS BHAWAN (NEW SECRETARIAT), PATNA. 4. SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE, SASARAM (ROHTAS). 5. EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, AURANGABAD. -APPELLANTS Versus 1. BRAJ KISHORE TIWARI, SON OF LATE MUKDEO TIWARY, AT AND P.O. BADHOPA, VIA-DEO, P.S.-DEO, DISTRICT-AURANGABAD. 2. THE ACCOUNTANT GENERAL (A & E),BIHAR, BIRCHAND PATEL MARG, PATNA. -RESPONDENTS ****** FOR TE APPELLANTS : Ms. Parul Ranjan, AC to AAG-9 2 28.08.2009 Heard Ms Parul Ranjan for the appellants. The present Letters Patent Appeal has been filed by the State of Bihar and other subordinate Officers against the order dated 12th August, 2008 passed by the learned single Judge in CWJC no. 11405 of 2000. Private respondent, who had filed the writ petition, had been given promotion but subsequently it was 2 recalled because he had not passed the account examination. The learned single Judge, referring to the Government decision dated 12th August, 1992, came to the conclusion that there was not justification for recalling the order of promotion. Thereafter, the present appeal has been filed after delay of one year. The averments in the limitation petition only indicate that the file was placed before different Authorities at different times without explaining as to why the matter was delayed at so many places. We do not find any sufficient reason indicated in the limitation petition. Moreover, we find that the learned single Judge has considered all the relevant aspects and passed the impugned order in the writ petition. Therefore, the appeal is dismissed, both on the ground of limitation as well as on fact. (P.K. Misra, CJ.) (Shiva Kirti Singh, J.) AAhmad