IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1080 of 2011 In Civil Writ Jurisdiction Case No. 10561 of 2010 With Interlocutory Application No. 5014 of 2011 ====================================================== Lalita Prasad Singh, S/o Late Harihar Nath Singh, resident of Mohalla- Abadganj, P.O. and P.S.-Daltonganj, District-Palamau(Jharkhand). .... .... Appellant/Petitioner Versus 1. Government of Bihar through the Secretary, Department of Water Resources, Government of Bihar, Patna. 2. The Deputy Secretary, Department of Water Resources, Government of Bihar, Patna. 3. The Chief Engineer, Irrigation Department, Aurangabad, Bihar. 4. The Chief Engineer, Minor Irrigation, Muzaffarpur, Bihar. 5. The Superintending Engineer, Minor Irrigation, Muzaffarpur Circle, Muzaffarpur, Bihar. 6. The Superintending Engineer, Barage Circle, Mohammadganj, Palamau, Jharkhand. 7. The District Magistrate, Sitamarhi, Bihar. 8. The Deputy Commissioner, Palamau at Medininagar, Jharkhand. 9. The Executive Engineer, Minor Irrigation Division, Sitamarhi, Bihar. 10. The Executive Engineer, North Koyal Canal Division, Mohammadganj, Palamau, Jharkhand. 11. The Accountant General (A & E), Birchand Patel Path, Patna-80001, Bihar. .... .... Respondents/ Respondents ====================================================== Appearance : For the Appellant/s : Mr. Sandeep Kumar, Advocate. For the Respondent/s : Mr. Gopal Krishna, Mr. Rakesh Pandey, ACs to GP-19. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 03-08-2011 Re. Interlocutory Application No. 5014 of 2011: The delay of 24 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Patna High Court LPA No.1080 of 2011 (3) dt.03-08-2011 2 Re. Letters Patent Appeal No. 1080 of 2011: This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order dated 12th May 2011 made by the learned single Judge in above CWJC No. 10561 of 2010. The appellant, an engineer retired from the service of the State of Bihar in 1995, filed above CWJC No. 10561 of 2010 under Article 226 of the Constitution for redressal of his grievances in respect of the arrears of salary from 1st June 1993; for Selection Grade in the cadre of Assistant Engineer from 1st April 1986; for refund of Rs. 75,000/- recovered from his pension and for arrears of increment from the date the appellant passed professional examination. The learned single Judge has rightly dismissed the writ petition on the grounds of delay and laches. Besides, it appears that by order dated 3rd February 1999 made pursuant to a disciplinary proceeding, the appellant was visited with punishment of 25% reduction in pension for one year and for recovery of Rs. 75,000/- . The said punishment of reduction in pension was confirmed in the departmental appeal. The appellant, therefore, claims that Rs. 75,000/- recovered from him be refunded to him. We are at loss. The appellant has not made any averment that pursuant to the order of punishment dated 3rd February 1999 the said sum of Rs. 75,000/- was recovered from him. In absence of such averment the question of refund would not arise. On the contrary, it appears that appeal against the order of punishment was decided on 17th April 1999 within two months from the date of punishment. In absence of any averment or the materials on record in support of the recovery of Rs. 75,000/-; prayer for refund Patna High Court LPA No.1080 of 2011 (3) dt.03-08-2011 3 of the said amount is totally misconceived. The learned single Judge has rightly dismissed the writ petition. No case for interference is made out. The Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)