Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4004 of 2012 ====================================================== 1. Hirdaya Nand Tiwary Son Of Late Bikram Tiwary Resident Of Village- Bishambharpur, P.S. District- Gopalganj 2. Brij Kishore Prasad Chaudhary Son Of Late Bilar Prasad Chaudhary Resident Of Village-Shiswa, P.S. Bishambharpur, Dist- Gopalganj 3. Nagwali Singh Son Of Late Sahdeo Singh Resident Of Village- Drugmatihania, P.S. Bishambharpur, Distt-Gopalganj 4. Bihari Sah Son Of Late Shivdhari Sah Resident Of Village- Baliwansagar, P.S. Bishambharpur District -Gopalganj 5. Subhash Sukla Son Of Late Sheoji Sukla Resident Of Village- Baliwan Sagar, P.S. Bishambharpur, Dist-Gopalganj 6. Baleshwar Pandey Son Of Late Jato Pandey Resident Of Village- Baliwan Sagar, P.S. Bishambharpur, District- Gopalganj .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Home Department, Govt. Of Bihar, Patna 3. The Assistant Secretary, Home (Special) Department Govt. Of Bihar, Patna 4. The Principal Secretary, Special Welfare Department, Govt. Of Bihar, Patna 5. The Principal Secretary, 'Kara' Department, Govt. Of Bihar, Patna 6. The Jail Superintendent, Mandal Kara, Gopalganj District - Gopalganj .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : M/s. Arun Kumar No.-1, Harendra Prasad Singh, Advocates. For the Respondent/s : Mr. Awadhesh Kumar, AC to SC-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 05-09-2012 Heard learned counsel for the petitioners and the State. 2. Petitioners claim themselves to be the J.P. volunteers as according to them they actively participated during J.P. movement and were imprisoned during the period between 18.3.1974-21.3.1977 are entitled for grant of J.P. Senani Samman Patna High Court CWJC No.4004 of 2012 (2) dt.05-09-2012 2/3 Pension. It is submitted that for grant of such pension petitioners have submitted application dated 27.12.2010, before the Under Secretary, Home, (Special) Department, Government of Bihar, Patna, copy whereof is contained in Annexure-3 series from page 26 onwards. It is submitted that in spite of passage of more than one year of the filing of the petition for grant of pension, the same has not been considered. 3. Counsel for the State points out that in terms of the resolution of the Government sanctioning J.P. Senani Samman Pension only those who were interned under the Maintenance of Internal Security Act or Defence of India Rules are entitled for grant of such pension but from the application filed it does not appear that petitioners were interned under the aforesaid Act and the Rules. State counsel further submitted that in any case the application is required to be filed before the Advisory Committee and not before the Under Secretary, Home (Special) Department. 4. Counsel for the petitioners in rejoinder submitted that question whether petitioners are entitled for grant of J.P. Senani Samman Pension for having violated prohibitory order under Section 144 Cr.P.C. and being in custody after found guilty of the offence under [STATUTE] during the period in question shall be considered by Patna High Court CWJC No.4004 of 2012 (2) dt.05-09-2012 3/3 the competent authority. At this stage, request is only for direction to the competent authority of the State to consider the request of the petitioner for grant of J.P. Senani Samman Pension. 5. Having heard counsel for the parties, I direct the Under Secretary, Home (Special) Department, Government of Bihar, Patna before whom the application dated 27.12.2010 has been submitted by the petitioners for grant of J.P. Senani Samman Pension to forward the application dated 27.12.2010 to the Advisory Committee for its consideration in accordance with law. In case, Under Secretary does not have the copy of the petition dated 27.12.2010, Annexure-3 he may request the petitioners to furnish a fresh copy of their petition, which should be forwarded to the Advisory Committee and the Advisory Committee is directed to take appropriate decision in the matter as early as possible, in any case within three months from the date of receipt of the application. 6. The writ petition is, accordingly, disposed of. Rajesh/- (V.N. Sinha, J)

Applicable IPC Section: 188

Statute Text:
Section 188 of the Indian Penal Code. Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.