IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1844 of 2011 NAUSHAD AHMAD, SON OF MD. YUNUS, RESIDENT OF VILLAGE CHAK YUSUF, P.S. GOGRI, DISTRICT KHAGARIA. Versus 1. THE STATE OF BIHAR 2. SRI SHASHI SHEKHAR SHARMA, PRINCIPAL SECRETARY, URBAN DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 3. SRI DEV NANDAN YADAV, THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, KHAGARIA. For the petitioner : M/s L.N. Das, Subhdeep Das, Advocates. For the Zila Parishad : Mr. Nikesh Kumar, Advocate. For the State : Mr. Mrigendra Kumar, AC to SC-10. ---------------- 08. 07.12.2011 In compliance of my order dated 4.11.2011 respondent no.3 is present. Counsel for the Zila Parishad, Khagaria has filed affidavit of one of the predecessors of respondent no.3, Sri K.K. Agrawal who served as D.D.C. cum C.E.O. of the Zila Parishad during the period between 11.12.2006- 18.04.2008. It appears from paragraphs 5 and 6 of the affidavit of the predecessor of respondent no.3 that petitioner was deputed at the inspection bungalow of the Zila Parishad along with Sri Ganesh Bhagat, Sri Ram Narayan Prasad Singh and Sri Dun Bahadur Choudhary and that he was marking his attendance in the register kept in the inspection bungalow on the 2 basis of which his absentee is required to be sent but was not sent as the concerned file was not put up before the predecessor of respondent no.3. From the averments made in paragraphs-5 and 6 it is quite evident that petitioner was present during the relevant period, as such, this Court has no option but to direct the Bank to release the amount of wages which has been deposited in the Bank account of the petitioner in compliance of order dated 13.10.2011. Petitioner, however, shall refund the amount for the period during which he was admittedly on leave. With the observation aforesaid, the contempt application is disposed of. Rajesh/ ( V. N. Sinha, J.)