Patna High Court
Md. Nijam vs The State Of Bihar on 10 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1455 of 2023
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Md. Nijam Son of Late Abdul Majid, Resident of Village- Janalpur, P.O.-
Bihpur, Block- Bihpur District- Bhagalpur, At present working as Panchayat
Teacher, Primary School Jabdar Tola, Auliabad, Block- Bihpur, District-
Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Biha, Patna.
2. The Principal Secretary, Education Department, Govt. of Biha, Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The Regional Deputy Director of Education, Bhagalpur.
5. The District Magistrate, Bhagalpur.
6. The District Programme Officer (Estab.), Bhagalpur.
7. The District Education Officer, Bhagalpur.
8. The Block Education Officer, Bhagalpur.
9. The Panchayat Secretary -cum-Member Secretary, Panchayat Teacher
Selection Unit of Morva East Panchayat, P.O.- Bihpur, District- Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Narendra Kumar Singh, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadaw, GP-23
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL JUDGMENT
Date : 10-02-2023
Heard the parties.
2. The petitioner prays that his salary be released.
3. Keeping in view the observations made by this
Court in C.W.J.C No. 22186 of 2019 (Pallavi Kumari Vs.
State of Bihar & Ors.) and analogous cases dated 29.11.2022
has held as under:-
"8. Keeping in view above, it is directed that
the salary of the teachers shall not be withheld on
Patna High Court CWJC No.1455 of 2023 dt.10-02-2023
excuses as above and arrears of salary shall also
be released. Fund in this regard shall be made
available by the Education Department to the
concerned employment units for the purpose of
payment. It is made clear that if the arrears are not
released within a stipulated period of four months
from today, the teachers would be entitled to
receive interest on the arrears of the amount of
salary at the rate of nine per cent. The interest
amount shall be recoverable from the respective
District Education Officers/ District Programme
Establishment Officer.
9. If the salary/arrears of salary are not
released, the concerned teacher would also be
entitled to file an appeal before the respective
District Appellate Authority. If such an appeal is
preferred, the same shall be decided expeditiously
within a period of three months. If required, the
District Appellate Authority/State Appellate
Authority would be also empowered to impose
penalty in terms of Rule 16 of the Rules of 2020
which provides as under:
"16. Power to impose
Punishment:-
In case of non-compliance of the
order/direction or in case of any complaints
by the party for compliance of the order:-
(i) The Appellate Authority shall
impose punishment against-concerned party
but he will be given adequate opportunity of
hearing before imposing punishment.
(ii) The Appellate Authority may
impose penalty upto Rs. 50,0001/- (Fifty
thousand only) upon the answerable party.
Patna High Court CWJC No.1455 of 2023 dt.10-02-2023
The amount of penalty shall be deposited in
the Treasury under the head indicated by the
Department. The amount of penalty shall be
recoverable by way of Public demand.
(iii) The Appellate Authority
shall have jurisdiction to make
recommendation to the concerned
Department to initiate Departmental
proceeding or to take necessary action
against the delinquent employee under the
provisions of Bihar Service Code/Bihar
Panchayat Raj Act 2006/Bihar Municipal
Act 2007 and other relevant provisions."
4. Keeping in view above, the same directions are
held to be applicable in the present case mutatis mutandis.
5. The writ petition is disposed of accordingly.
(Sanjeev Prakash Sharma, J)
Amrendra/-
AFR/NAFR
CAV DATE
Uploading Date 13.02.2023
Transmission Date
