Patna High Court
Binod Kumar vs The State Of Bihar on 23 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13722 of 2022
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Binod Kumar, son of Sri Suresh Prasad, resident of Village-Harihar Urdana,
P.O.-Harihar Urdana, P.S.-Tandwa, District-Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3. The District Education Officer, Aurangabad.
4. The District Programme Officer (Estab.), Aurangabad.
5. The Block Education Officer, Block-Aurangabad, Dist. Aurangabad.
6. The Block Development Officer-cum-Secretary, Employment Unit, Block-
Aurangabad, Dist. Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shambhu Sharan Kumar, Advocate
Mr. Ajit Kumar, Advocate
For the Respondent/s : Mr.Subhash Chandra Mishra (SC16)
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL JUDGMENT
Date : 23-02-2023
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
Patna High Court CWJC No.13722 of 2022 dt.23-02-2023
the salary of the teachers shall not be withheld on 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. 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
Patna High Court CWJC No.13722 of 2022 dt.23-02-2023
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)
Ashwini/-
Item No.13
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.02.2023
Transmission Date NA
