IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1181 of 2009 1. THE STATE OF BIHAR 2. The Secretary to Govt. of Bihar, Public Health Engineering Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 3. The Joint Secretary to the Government of Bihar, Public Health Engineering Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 4. Chief Engineer, Urban Public Health Engineering Department and Conducting Officer though PHE Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 5. The Joint Secretary to Government of Bihar, Public Health Engineering Department, Visheshwaraiya Bhawan, Bailey Road, Patna. … Respondents/Appellants Versus 1. EHTESHAM ALI KHAN, s/o Late Latifur Rahman Khan, Resident of Ashiana Manzil, Ehigo, Police Station- Laheriasarai, District- Darbhanga. … Petitioner/Respondent Ist set 2. The Accountant General, Bihar, Patna. ….Respondent/Respondent IInd set ----------- For the appellants : Mr. Mahesh Prasad, SC 8 with Mr. Dhirendra Kumar, AC to SC 8. ----------- 2/ 10.09.2009 Heard Mr. Mahesh Prasad, SC 8, for the appellants. This Letters Patent Appeal has been filed after the delay of 74 days. Apart from the fact that the delay has not been explained properly, even on merit, we do not see any scope to interfere with the order passed by the learned single Judge. The departmental proceeding was initiated against the respondent no.1 after a lapse of about 15 years and thereafter it remained pending for a long period even though enquiry report was available and final order was passed after the retirement of the respondent no.1. Under the circumstances, it is evident that the respondent no.1 has sufficiently been harassed during his service career and continuing harassment even after his retirement is not justified. - 2 - For the aforesaid reasons, we dismiss the appeal on both counts i.e. on limitation as well as on merit. JA/- (P. K. Misra, CJ.) (Anjana Prakash, J.)