Patna High Court - Orders
Amarkant Chaudhary vs The State Of Bihar on 8 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.457 of 2022
======================================================
Amarkant Chaudhary son of Sri Nunu Chaudhary, resident of Village-
Bishnupur, P.O.-Sakatpur, P.S.-Sakatpur, District Darbhanga ... Petitioner
Versus
1. The State of Bihar
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The Regional Deputy Director of Education, Darbhanga Division,
Darbhanga.
5. The District Education Officer, Darbhanga, District-Darbhanga.
6. The District Programme Officer (Establishment), Darbhanga.
7. Block Development Officer, Benipur, Darbhanga.
8. Block Education Officer, Benipur, Darbhanga.
9. The Block Teachers Selection/Employment Committee, Benipur Block,
Darbhanga through the Ex-Officio Secretary-cum-Block Development
Officer, Benipur, Darbhanga. ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Alok Kumar, Adv.
For the Respondents : Mr. Jitendra Kr. Roy 1, SC XIII
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL ORDER
2 08-03-2022Learned counsel appears for the respondents states that he has not received any instruction from the Block Development Officer, Benipur, Darbhanga.
Learned counsel for the petitioner has submitted that in spite of the directions dated 23.03.2018 having been issued by the District Appellate Authority, Darbhanga, in an appeal preferred by the petitioner, the salary of the petitioner has not been released. It is also informed that the order has not been challenged any further before the State Appellate Authority. Patna High Court CWJC No.457 of 2022(2) dt.08-03-2022 2/3 Learned counsel submits that once the order has been passed and has attained finality it was binding upon the Block Development Officer to release the salary of the petitioner. Learned counsel further submits that respondents 5 and 6, namely, the District Education Officer, Darbhanga, and the District Programme Officer (Establishment), Darbhanga, are also equally responsible as they have to disburse the salary.
This Court has a firm view that once an adjudicated authority has decided the matter after hearing the parties and the order has attained finality without being challenged in higher appellate authority, it is binding upon the Officers to comply with the order in its true letter and spirit, Officers can not be allowed to sit over the judgment passed by the quasi judicial authorities, rule of law can not be converted to rule of thumb, as such officers who have been holding the post since passing of the order dated 23.03.2018 therefore have to be accountable for non-payment of salary. Principle of accountability is therefore invoked and it is directed that the order of the District Appellate Authority dated 23.03.2018 shall be complied with, payment would be released to the petitioner along with interest at the rate of 12 per cent per annum. The amount of interest so released to the petitioner shall be recovered from the salary of the Officers Patna High Court CWJC No.457 of 2022(2) dt.08-03-2022 3/3 who are holding the post from 23.03.2018 till date by conducting an enquiry against them. If the amount is not released instead of directions of this Court within seven days, the Secretary, Education Department, Government of Bihar, Patna, is directed to withhold the salary of the present District Education Officer, Darbhanga, and the compliance report shall be submitted to this Court within fifteen days.
The writ petition stands disposed of.
(Sanjeev Prakash Sharma, J) Shamshad/-
U