Indra Bhushan Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13505 of 2016 ====================================================== Indra Bhushan Prasad Yadav, son of Late Bachchu Prasad Yadav, resident of Mohalla - Kayasth Tola, Saharsa, P.S. + District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. The Director, Primary Education, Government of Bihar, Patna

4. The Regional Deputy Director of Education, Kosi Division, Saharsa.

5. The District Magistrate, Saharsa.

6. The District Education Officer, Saharsa.

7. The District Programme Officer (Establishment), Saharsa.

8. Amrendra Kumar Singh, son of Fuleshwar Singh, resident of village - Maricha, P.O. - Bakaur, P.S. + District - Supaul; presently posted as Headmaster, Kanya Middle School, Sour Bazar, Saharsa. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Pramod Kumar, learned Counsel, appearing for the petitioner, and Mr. Anjani Kumar, learned AAG No.2, appearing for the State.

With the help of this writ petition, made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, the petitioner has made allegations of financial irregularities having been committed in the Primary Education Department of District-Saharsa, resulting in misappropriation of

Patna High Court CWJC No.13505 of 2016 (2) dt.20-09-2016 2/2 public money.

The writ application, however, does not have any substantive supporting material.

In view of the above, no direction, at this stage, can be issued to the respondents by invoking this Court's extraordinary jurisdiction under Article 226 of the Constitution of India. We are, therefore, closing this writ petition. It is made clear that the petitioner, if so advised, may either lodge a First Information Report with jurisdictional Police Station or a complaint with the Criminal Court of competent jurisdiction if he has materials to support the allegations of defalcation or misappropriation of public fund. If a First Information Report is lodged or a complaint is filed, the same shall be dealt with, expeditiously, in accordance with law.

(I.A. Ansari,CJ) (Anjana Mishra, J) PNM U