IN THE HIGH COURT OF JUDICATURE AT PATNA MISCELLANEOUS JURISDICTION CASE No.4836 of 2010 Mohammad Azad, S/O Late Mohammad Hasim, resident of Mohalla- Parani Bazar, Maharajganj, District-Siwan Versus 1. The State Of Bihar 2. Sri Lokesh Kumar Singh, District Magistrate, Siwan 3. Sri Subodh Kumar, Executive Officer-cum- D.C.L.R., Nagar Panchayat, Maharajganj, Siwan ---------------------------------- 08/ 01.08.2011 In compliance of my order dated 22, 25.7.2011, the present Executive Officer, Maharajganj Municipality as also the Executive Officer, who wrote letter bearing Memo No. 18 dated 22.9.2010, Annexure- A to the show cause whereunder request of the petitioner for payment of his lawful dues was considered and rejected on the ground that with effect from 1.6.1995 he has neither marked his attendance nor made any collection, are present and filed supplementary show cause and also placed before me the attendance register from 1.6.1995 to show that petitioner has not marked his attendance. 2. In reply to the aforesaid non-marking of the attendance by the petitioner, counsel for the petitioner submitted that from Annexure-5 of the writ petition bearing C.W.J.C. No. 10792 of 2010, it will appear that it was the Executive Officer of the Municipality as also 2 Sri Krishna Singh, another employee of the Municipality prevented the petitioner and others from marking attendance on the ground that they were daily wagers and directions were sought from the department ignoring the order dated 18.3.1991, Annexure-8. 3. The submission as to whether petitioner was available to mark his attendance or he was prevented by the authorities of the Municipality from marking attendance can be better appreciated when the letter/ order of the Executive officer dated 22.9.2010, Annexure-A to the show cause is challenged by filing another writ petition. 4. Accordingly, this contempt petition is disposed of granting the petitioner liberty to challenge order dated 22.9.2010, Annexure-A to the show cause in accordance with law. 5. Before parting with this order, I may also notice the submissions made by the Executive Officer of the Municipality that order appointing the petitioner as Tax Collector in the Municipality dated 18.3.1991, Annexure-8 has been issued ignoring the sanctioned strength of the total employees of the Municipality, as 3 according to the Executive Officer, both present and past, there are only 9 post of employees sanctioned for the Maharajganj Municipality. If that is so, who prevented the authorities not to recall order dated 18.3.1991, Annexure-8. Aforesaid submission has been noted so as to enable the authorities of the Municipality to even now take appropriate steps in the matter for recall of the order dated 18.3.1991, Annexure-8. Arjun/ ( V. N. Sinha, J.)