IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7677 of 2010 CHAMO PASWAN S/O LATE KANHAI PASWAN R/O VILL- PALI, P.O.OKHARIA (GOLA BAZAR), P.S.& BLOCK – KAUWA KOL, DISTT-NAWADA. ………… PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE NAWADA 3. THE SUPERINTENDENT OF POLICE NAWADA 4. THE SUB DIVISIONAL OFFICER NAWADA SADAR, DISTT-NAWADA 5. THE ANCHAL ADHIKARI KAUWAKOL, DISTT-NAWADA 6. THE OFFICER IN CHARGE KAUWAKOL, P.S., DISTT- NAWADA. ………… RESPONDENTS ----------- 2. 10/02/2011 Petitioner has filed this writ application for a direction to the respondents to pay him salary of the post of Chaukidar from July, 2008 till date in which capacity he is performing his duties as is evident from the absentee register and other documents. A counter affidavit has been filed in this case on behalf of respondent nos.3 and 6 by one Laldhari Prasad, Dy.S.P. (H.Q.), Nawada which is fit to be reproduced in the order itself :- “I, Laldhari Prasad, aged about 58 years, son of Late Bodha Ram, resident of Dullahpur, P:olice Station- Simari, District- Buxar, do hereby solemnly affirm and state as follows :- 1. That at present I am posted as Dy S.P. (H.Q.) Nawadah and therefore am well acquainted with the facts and circumstances of the instant matter and also I am competent to swear this counter affidavit. 2 2. That I have read this instant writ petition and fully understood the same and giving its reply as detailed hereinafter. 3. That without prejudice to the interests of the answering respondents, all statements made in the instant petition may be deemed to have been denied, except those which are expressly been admitted hereinafter. 4. That in reply to paragraph nos.1, 2(ii), 3, 4, 6, 14, 16, 17 and 18 of the instant writ petition, it is humbly submitted that these require no comments from the answering respondents, hence no comments. 5. That in reply to paragraph Nos.2(i), 2(iii), 10, 11, 12, 13 and 15 of the writ petition under reply it is humbly stated that the averments made therein and not related with these respondents, hence no comments are required. 6.That in reply to averments made in para 2(iv), 5 and 7 of the instant writ petition it is respectfully submitted that these are matters of law and therefore the answering respondents are not required to comment on them. 7. That in reply to statements made in para-8 of the instant writ petition it is humbly submitted that the same is required to be established by the petitioner on the basis of documentary evidence. 8. That I have read the instant counter affidavit and fully understood the same. The statements made herein above are true to the best of my knowledge and/or information derived from the official records.” In view of the counter affidavit filed by the said Dy.S.P., this writ application is disposed of and the matter is referred to the 3 District Magistrate, Nawada to consider the claim of the petitioner and get necessary enquiry made in that respect and pass appropriate orders in accordance with law as expeditiously as possible. The attention of the S.P., Nawada should be drawn with regard to the nature of the counter affidavit filed on his behalf, as quoted above. Let a copy of this order be sent to the S.P., Nawada also. Pradeep/ ( J. N. Singh,J.)