JUDGMENT :

1. Sri Kartikeya Saran, learned counsel appearing on behalf of the respondents has pressed his application for recall of my order dated 09.11.2022.

2. I do not see any reason to recall my order dated 09.11.2022. The order dated 09.11.2022 has been complied with and the C.J.M. has ensured the appearance of the Executive Engineer today in the Court.

3. Sri Kartikeya Saran, learned counsel has identified the Executive Engineer, the respondent no.2, namely, Sri Akshay Kumar. Since Sri Akshay Kumar was summoned in the Court only because counter affidavit was not filed in time. Now counter affidavit has been filed on 14.11.2022, this Court finds no reason for continued presence in person of the respondent no.2. His appearance is exempted.

4. As the respondent no.2 had been negligent in filing counter affidavit and therefore he was summoned in Court. Loss of work incurred in his office because of his appearance in Prayagraj, is because of his own negligence, no TA/DA be given to him for his travel to Prayagraj.

5. Heard Sri Sanjeev Singh, learned counsel for the petitioner and Sri Sri Kartikeya Saran, learned counsel appearing on behalf of the respondents.

6. This petition has b