IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5235 of 1997 DR.AKHAURI SATYADEO PRASAD son of Late Nand Kumar Prasad, Resident of Mohalla New Yarpur, P.S. Gardanibagh, Patna, at present posted as Associate Professor, Dept. of Surgery, Nalanda Medical College, Patna. Versus 1.THE STATE OF BIHAR 2.The Commissioner Cum Secretary to Govt. Health Medical Education & F.W. Dept. New Secretariat, Bihar Patna. 3.The Addl. Commissioner Cum Special Secretary to Govt. Health Medical Education & F.W. Dept. New Secretariat, Bihar, Patna. 4.The Dy. Director (Medical Education), Health Services, New Secretariat, Bihar, Patna. 5.The Deputy Secretary to Govt. Health Medical Education & F.W. Dept. New Secretariat, Bihar, Patna. 6.Dr. Upendra Prasad Singh S/o Not known, at present posted as Associate Professor, Dept. of Surgery, Patna Medical College, Patna. ----------- 5 20.7.2010 Pursuant to the order of this Court dated 13.7.2010 Mr. C.K. Mishra, the Principal Secretary of the Health Department has appeared in person and has explained that apart from filing of the counter affidavit in this case steps are being taken to ensure filing of the counter affidavit in other pending cases. Accepting the undertaking of the Principal Secretary of the Health Department, this Court would exempt his personal appearance for the present. However, it is expected that the assurance given to this Court by the Principal Secretary will be complied in letter and sprit. Coming to the merits of this case, counsel for the petitioner at the out set would submit that the petitioner is no longer interested in pursuing the matter, inasmuch as, he has 2 already retired in the year 2000. That being so, this application is dismissed as having become infructuous. Abhay Kumar ( Mihir Kumar Jha, J.)