IN THE HIGH COUR T OF JUDICATURE AT PATNA LPA No.523 of 2011 Against the judgment and order dated 9.2.2011 passed in C.W.J.C. No. 8977 of 2011. Jaigovind Prasad Singh son of late Mahavir Prasad, resident of Village & P.O.-Basbigha, P.S.-Dhanarua, District-Patna. ……………………………………...Petitioner-Appellant. Versus 1. The State Of Bihar. 2. The Principal Secretary, Health Department, Govt. of Bihar, Patna. 3. The Director-in-Chief, Health Services, Bihar, Patna. 4. The Civil Surgeon-cum-Chief Medical Officer, Patna. 5. The Incharge Medical Officer, Primary Health Centre, Bihta, District-Patna. …………………………………………….(Respondent)- Respondents. For the petitioner:- Shanti Pratap Mr. S.P. Mukherjee Senior Advocate For the respondent:- Satyeshwar Prasad Asstt. Counsel to G.P.-9 -------------- 2. 22.7.2011 Heard learned counsel for the appellant and learned counsel for the State. The petitioner filed the writ petition in question in the year 2010 claiming salary for the period December 1992 to December 1993. The writ Court considered the materials on record in order to find out whether the appellant had worked during the said period or not which was under dispute and held the materials on record were not sufficient for coming to a definite opinion one way or the other. The writ Court also noticed inordinate delay in preferring the writ petition. While dismissing the writ petition by order under 2 appeal a liberty has been given to the petitioner that he may collect materials to establish the claim. Learned counsel for the appellant has submitted that the then Incharge Medical Officer, Health Centre at Bihta with mala fide intention did not permit the appellant to sign on the attendance register. Although mala fide has been alleged but the said officer has not been impleaded by name nor there are any letters or complaint during December, 1992 to December 1993 or soon thereafter to show that such serious allegation against the incharge Medical Officer was brought to the notice of higher authorities. On considering all the relevant materials, we are not persuaded to take a different view. The appeal is, therefore, dismissed. Mkc/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)