Nashir Alam Siddiquee, v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1607 of 2019 ====================================================== Nashir Alam Siddiquee, Jamaluddin Siddiquee, resident of Village- Basti, Ward No. 5, Police Station- Chausa, Block- Chausa, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principle Secretary, Human Resource Development, Government of Bihar, Patna.

2.

The Director, Human Resource Development, Government of Bihar, Patna. 3.

The Director, Mid- Day- Meal Scheme, Human Resource Development, Government of Bihar, Patna.

4.

The District Magistrate cum Collector, Madhepura. 5.

The District Education Officer, Madhepura.

6.

The District Programme Officer Cum In-charge Mid-Day- Meal Scheme, Madhepura.

7.

The District Project Officer cum In-charge Mid-Day - Meal Scheme, Madhepura.

8.

The District Programming Officer, Establishment, Madhepura. 9.

The Block Education Officer, Block- Chausa, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Kumar Singh, Advocate For the Respondent/s :

Mr.Subash Chandra Mishra (SC 16) :

Mr. Pramod Kr. Singh, AC to SC 16 For B.E.P.C.

:

Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2023 1.

Heard learned counsel for the petitioner and respondents.

2.

Learned counsel for the State as well as Mid Day Meal submit that the petitioner is the In-charge Head Master of Middle School, Basitha, Tola- Kali Asthan under

Patna High Court CWJC No.1607 of 2019(3) dt.12-10-2023 2/3 Block- Chausa, Ward no. 8, District-Madhepura, who has challenged the impugned letter issued by the District Programme Officer, Madhepura, directing him to deposit/refund the excess amount received by him for providing mid-day meal.

3.

Learned counsel for the Mid Day Meal submits that upon inspection by the District Education Officer/District Programme Officer, Madhepura, it was found that in Class 1 to 8, attendance of students was 600, however, only 411 students were present, meaning thereby that approx. 192 students were deficient.

4.

Taking into consideration the nature of dispute, in my opinion, it is appropriate for the Director, Mid Day Meal Scheme, Human Resource Development, Government of Bihar, Patna to hear both the parties and pass a final order upon the letter of recovery issued by the said District Programme Officer.

5.

Accordingly, I direct the Director, Mid Day Meal to fix a date for appearance of the petitioner as well as the District Programme Officer/District Education Officer, Madhepura before him, for giving them personal hearing and deciding the matter, by a reasoned and a speaking order.

Patna High Court CWJC No.1607 of 2019(3) dt.12-10-2023 3/3 6.

The entire exercise must be completed by the Director within a period of six months from the date of receipt/production of the copy of this order. 7.

With the aforesaid observation and direction, this writ application stands disposed off.

(Anil Kumar Sinha, J) rinkee/- U