IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1761 of 2009 1. AKHTARUL HAQUE SON OF SEIKH CHEDI HAQUE RESIDENT OF VILLAGE- MAHMADPUR P.S. PATAHI, DISTRICT- EAST CHAMPARAN AT PRESENT WORKING AS CHOWKIDAR AT BEAT NO-6 IN THE POLICE STATION PATAHI. 2. MARKANDE JHA, SON OF LATE SARYUG JHA RESIDENT OF VILLAGE- BHANDAR, POLICE STATION- DHAKA, DISTRICT- EAST CHAMPARAN AT PRESENT WORKING AS CHOWKIDAR IN VILLAGE- BHANDAR IN POLICE STATION DHAKA. 3. BIJAY KUMAR SINGH, SON OF SRI SAKALDEO SINGH RESIDENT OF VILLAGE- BATAUNA P.S. PATAHI DISTRICT- EAST CHAMPARAN AT PRESENT WORKING AS CHOWKIDAR AT BEAT NO-2 FG IN POLICE STATION- PATAHI. 4. MD. BADARUDDIN, SON OF MD. HABIB RESIDENT OF VILLAGE- LAHSINYA, P.S. PATAHI DISTRICT- EAST CHAMPARAN AT PRESENT WORKING AS CHOWKIDAR IN VILLAGE- LAHTANIYA AT POLICE STATION- PATAHI. 5. BINDESHWAR SAH, SON OF RAM DEO SAH RESIDENT OF VILLAGE- SISWA MANGAL P.S.- DHAKA DISTRICT- EAST CHAMPARAN. 6. ARUN SINGH, SON OF SRI MAHENDRA SINGH RESIDENT OF VILLAGE- ZIHULI, P.S.- PATAHI DISTRICT- EAST CHAMPARAN, AT PRESENT WORKING AS CHOWKIDAR AT BEAT NO-6 IN POLICE STATION- PATAHI. 7. MD. ABDUL HASSAN SON OF LATE TAWARAK HUSSAIN RESIDENT OF VILLAGE- KHARHANIA, P.S.- DHAKA DISTRICT- EAST CHAMPARAN WORKING AS CHOWKIDAR AT KHARHANIA VILLAGE IN POLICE STATION- DHAKA. 8. PAWAN KUMAR, SON OF SRI SIDHESHWARI PRASAD RESIDENT OF VILLAGE- KHARHANIA, P.S.- DHAKA, DISTRICT- EASH CHAMPARAN AT PRESENT WORKING AS CHOWKIDAR AT KHARHANIA VILAGE IN DHAKA POLICE STATION. ….. PETITIONERS. Versus 2 1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE, EASH CHAMPARAN AT MOTIHARI. 2. MR. NARMESHWAR LAL, THE DISTRICT MAGISTRATE, EAST CHAMPARAN AT MOTIHARI. 3. MR. UMESH KUMAR, THE SUPERINTENDENT OF POLICE, EAST CHAMPARAN AT MOTIHARI. 4. SRI SUNIL KUMAR JHA, PAST SUPERINTENDENT OF POLICE EAST CHAMPARAN AT MOTIHARI. 5. SRI HASNAIN KHAN, IN RECENT PAST SUPERINTENDENT OF POLICE EAST CHAMPARAN AT MOTIHARI. ..RESPONDENTS/OPPOSITE PARTIES. with MJC No.757 of 2010 1. BASANT KUMAR SINGH S/O LATE BAL NARAYAN SINGH RESIDENT OF VILAGE- CHANDREHIYA, VIA PACHPAKRI, P.S. DHAKA, P.O. DALPAT BISHUNPUR, DISTRICT- EAST CHAMPARAN AT PRESENT WORKING AS CHOWKIDAR IN THE POLICE STATION DHAKA. 2. BHARAT BHUSHAN TRIPATHY S/O LATE ANIRUDH TRIPATHY RESIDENT OF VILLAGE & P.O. NANPHARVA, VIA PACHPAKRI, POLICE STATION- PATAHI, DISTRICT- EAST CHAMPARAN AT PRESENT WORKING AS CHOWKIDAR IN THE POLICE STATION PATAHI. .. PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE, EASH CHAMPARAN AT MOTIHARI. 2. MR. UMESH KUMAR, THE DISTRICT MAGISTRATE, EAST CHAMPARAN AT MOTIHARI. 3. MR. NARKDESHWAR LAL, THE SUPERINTENDENT OF POLICE, EAST CHAMPARAN AT MOTIHARI. 4. SRI SUNIL KUMAR JHA, PAST SUPERINTENDENT OF POLICE EAST CHAMPARAN AT MOTIHARI. 5. SRI HASNAIN KHAN, IN RECENT PAST SUPERINTENDENT OF POLICE EAST CHAMPARAN AT MOTIHARI ----------- 3 9. 12.01.2011 Counsel for the petitioners accept that petitioner nos. 1,2,4,5,7, and 8 of M.J.C. No. 1761 of 2009 and petitioner no.1 of M.J.C. No. 757 of 2010 have been paid their wages as per their attendance and the working days indicated in the command issued to them for discharging the duties of the Chowkidar. It is, however, stated that petitioner no.2 of M.J.C. No. 757 of 2010 and petitioner no.3 and 6 of M.J.C. No. 1761 of 2009 who are attached with the Patahi P.S. have not been paid their full wages as payment have been made to them as per the attendance available in the truncated attendance register without considering the working days appearing in the command issued to them. 2. Let petitioner no.2 of M.J.C. No. 757 of 2010 and petitioner nos. 3 and 6 of M.J.C. No. 1761 of 2009 represent before the District Magistrate, East Champaran, Motihari together with the copy of the command issued to them as also with the evidence of their attendance which should be considered by the District Magistrate 4 with reference to the attendance register maintained in the concerned P.S. and payment be made in accordance with law, as early as possible, in any case within two months from the date of receipt of a copy of this order before the District Magistrate. 3. Both the contempt applications are, accordingly, disposed of. Ibrar/- ( V. N. Sinha, J.)