IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1671 of 2010 1. State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. Govt. of Bihar through the Commissioner-Cum-Secretary, Department of Health, Bihar, Patna. 3. Additional Secretary, Department of Health, New Secretariat, Govt. of Bihar, Patna. 4. Director-in-Chief, Department of Health, Bihar, Patna. 5. District Magistrate, Rohtas at Sasaram. 6. Deputy Director (Planning), Department of Health, Bihar, Patna. 7. The Civil Surgeon-Cum-Chief Medical Officer, Rohtas at Sasaram. …….Respondents-Appellants. Versus Dr. Uday Shankar Pathak, Son of Late Radha Krishna Pathak, resident of Village- Bharkhar, P.S. Brahampur, District- Bhojpur. At present posted as Civil Assistant Surgeon under Civil Surgeon-cum-Chief Medical Officer, Rohtas. …..Petitioner-Respondent. ----------- 11- 6.4.2011 Heard Mr. Jasbir Singh Arora, learned Standing Counsel No.6 for the appellants, and Mr. A.K. Tiwary for the respondent. The State of Bihar has preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and raises a grievance with respect to the judgment dated 29.4.2010, passed by a learned Single Judge of this Court in CWJC No.12040 of 1995 (Dr. Uday Shankar Pathak Vs. the State of Bihar and others), whereby the disciplinary proceeding against the respondent herein has been set aside. However, in the peculiar facts and circumstances of the case, half of the salary for part period has been directed to be withheld. 2 2. The learned Standing Counsel produces before us a photo copy of the letter dated 10.2.2011, whereby he has received instructions from the State Government to withdraw this appeal. We have no objection to the same. 3. Learned counsel for the respondent submits that he has superannuated with effect from 30.6.2010, and his dues have not so far been paid including arrears of salary. The learned Standing Counsel submits that the lawful dues of the respondent shall be paid without any further delay. This Court will be pleased if the dues are paid to the respondent within a period of four months from today. 4. This appeal is accordingly permitted to be withdrawn with the aforesaid observation. (S K Katriar, J.) (S.P. Singh, J.) S.K.Pathak/