IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1458 of 2009 AJAY KUMAR PRASAD S/O LATE JAMUNA PRASAD R/O VILL. AND P.O. RAMPATTI, DISTT.- MADHUBANI. --------------Petitioner/Appellant. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE SECRETARY CUM COMMISSIONER, WATER RESOURCES DEPTT., BIHAR, PATNA 3. THE DEPUTY SECRETARY, WATER RESOURCES DEPT., BIHAR, PATNA 4. THE CHIEF ENGINEER, WATER RESOURCES DEPT., BIRPUR, SUPAUL 5. SUPERINTENDING ENGINEER, NAHAR ANCHAL, SAHARSA 6. EXECUTIVE ENGINEER, IRRIGATION DIVISION, SAHARSA.------Respondents/Respondents. ----------- 2 16-04-2010 Being dissatisfied with the order of the learned Single Judge passed on 8.10.2009 in C.W.J.C. No.12959 of 2009, the present intra-court appeal has been filed. We have heard Mr. Surendra Kumar, learned counsel for the appellant and Mr. Braj Kishore Prasad Sinha, G.P.3 along with Mr. Surajakant Kumar, learned counsel for the State. The facts which are necessary to be stated for adjudication of appeal are that the appellant who was an Executive Engineer was visited with the minor punishment of stoppage of one increment without 2 cumulative effect on 6.6.2008. He was superannuated from service on 30.11.2008. After expiry of one and half years he preferred the writ petition on 18.9.2009 challenging the order of punishment. The learned Single Judge has declined to interfere on the ground of delay and laches. It is submitted by learned counsel for the appellant that the doctrine of delay and laches could not be invoked in this case. Even accepting such a submission to be correct, we are not inclined to interfere, inasmuch as, the appellant had suffered the punishment which remained in vogue for a period of five months. In the result, the appeal, being devoid of merit, stands dismissed without any order as to costs. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)