JAGDISH MAHTO Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This writ application under Articles 226 and 227 of the Constitution of India has been filed for quashing the order dated 9-5-1986 passed in Misc. Case No. 8/84 by the Executive Magistrate, Desertion Cell, Dhanbad, respondent No. 3, as contained in annexure-1 to the writ petition granting maintenance at the rate of Rs. 200 per month to respondent No. 2, Chhabila Devi.

(2.) The only point to be considered in this application is whether Executive Magistrate is competent or has legal authority to pass the order oi maintenance.

(3.) From a perusal of the impugned order (annexure-1) it appears that it is a very cryptic order. It has been stated therein that on perusal of the report of the Mukhia of the Gram Panchayat it appears that respondent No. 2 was deserted by the petitioner and maintenance allowance at the rate of Rs. 200 per month was allowed and a direction has been issued by the said Executive Magistrate to deduct this amount from the salary of the petitioner.