M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) IT is only after the bailable warrant of arrest was issued against the District Education Officer, Hazaribagh, he appeared in person and filed show - cause and the counter -affidavit. In the show -cause, the District Education Officer, Hazaribagh has tried to explain the sequence of his preoccupation in other assignments for which he could not appear in the Court. He is supposed to know that merely because of some pre - assignments, a person like the officers of the State can not ignore the Courts order. The attitude of the officer does not appear to be bonafide. However, he is warned not to repeat such thing in future and he should give due respect to the Courts Order. For the present, 1 do not want to take any action against the said officer and the show -cause filed by him is accepted. The admitted fact is that by office order issued by Regional Deputy Director of Education, North Chotanagpur Division, Hazaribagh vide Memo No. 950 dated 3.7.2000 petitioner was reinstated in service and also direction was issued for payment of salary. Despite aforesaid direction, salary was not paid to the petitioner for the period 21.7.97 to 24.1.2000. Petitioner has then compelled to file contempt petition being MJC No. 901/2000. In that contempt petition, the District Education Officer. Hazaribagh informed this Court that allotment of fund was received on 13.3.2001 and a direction was also issued to the Headmaster for payment of arrears of salary. On such statement having been made by the District Education Officer, the contempt proceeding was dropped. In - spite of the aforesaid direction and the subsequent orders passed by this Court, the salary for the period in question was not paid to the petitioner, consequently petitioner had to file instant writ application. In the counter - affidavit filed by the District Education Officer. Hazaribagh it is stated that he recently joined as District Education Officer in October, 2001 and at the relevant time when office order was issued by the Regional Deputy Director of Education and also when the order was passed by Malti Chhaya Kujur. whoever may be District Education Officer or any other officer posted in the Education Department. Admittedly those officers have flouted the order of this Court. The fact remains that till date the salary have not been paid to the petitioner for the period in question. The District Education Officer in his counter -affidavit has prayed for sometime for releasing salary.
(3.) IN the facts and circumstances of the case. I dispose of this writ application with a direction to respondent Nos. 2 and 3, namely, Regional Deputy Director of Education. North Chotanagpur Division, Hazaribagh and the District Education Officer, Hazaribagh to release the entire salary payable to the .pelitioner as per the office order No. 950 dated 3.7.2000 and the order passed in MJC No. 901/2000 within a period of two weeks from today. The said amount shall carry interest at the rate of 12% per annum from the date when the salary became payable to the petitioner. It is further directed that the Director Primary Education shall hold an inquiry and fix responsibility as to for whose default salary could not be paid to the petitioner. The Director Primary Education after fixing the responsibility shall recover from that officer the amount which shall be paid to the petitioner by way of interest. The amount shall be recovered by deducting from the salary of that, officer who shall be found responsible for the non -compliance of the office order and the order passed by this Court referred to herein above. Let a copy of this order be handed over to JC to Addl. Advocate General, who shall communicate it to the Director Primary Education. State of Jharkhand.;