IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.47 of 2008 In (CIVIL WRIT JURISDICTION CASE 15862/2006) Dr.Ashok Kumar Versus The State Of Bihar & Ors ---------------------------------- 10. 8.12.2011 The present appeal has been preferred against the order of the learned single Judge passed on 7.11.2007 in C.W.J.C. no.15862 of 2006. It is contested before us with regard to the receipt of the order passed by respondent no.3 with reference to the presence of the appellant from 15.4.2005 to 20.4.2005 on the police lines at Saharsa for providing medical facility during the physical test of the candidates for selection of Sub- Inspectors of Police but the respondent-appellant was absent. On 19.4.2005 one candidate, namely, Pranay Kumar, fell down during the course of physical test. He was immediately rushed to the Sadar Hospital and there he was declared dead. The respondents after conducting an enquiry inflicted punishment of stoppage of five increments upon the petitioner-appellant herein which has been challenged by the petitioner-appellant before the learned single Judge and learned single Judged refused to interfere in the matter. It is the contention before us as well as before the learned single Judge by the learned senior counsel that the appellant did not receive the said letter bearing No.737 dated 15.4.2005. The learned Government Advocate has produced 2 the original record which shows that the letter bearing no.737 dated 15.4.2005 is supposed to have been dispatched on 16.4.2005 but however the appellant has refused to receive the said letter inspite of repeated requests of the official peon who carried such letter. The said endorsement in the register is disputed by the learned senior counsel appearing on behalf of the appellant. However, as the matter involves disputed question of fact with regard to the receipt of the letter, we are not inclined to interfere with the same. Accordingly, this Letters Patent Appeal is dismissed. Sudip ( T. Meena Kumari, J.) ( Vikash Jain, J. )