Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3423 of 2023 ====================================================== Sanjay Kumar S/o Chandi Prasad Yadav, R/o Village- Kantakosh, Katakus, P.S.- Manihari, District- Katihar, At Present Prabhari Head Master, Primary School, Maktab, Guagachhi, P.S.- Manihari, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Education Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Katihar.

3.

The District Education Officer, (Asthapana), Katihar. 4.

The District Programe Officer, Katihar.

5.

The District Programme Officer cum- Primary Education and Surve Education Abhiyan, Katihar.

6.

The District Programe Officer, Planning and Account, Katihar. 7.

The Block Education Extention Officer (B.E.O), Manihari, Katihar. 8.

Smt. Juveda Khatoon wife of Md. Washir, Retired Ex- Headmaster, (Urdu) Primary School, Maktab Guagachhi, P.S.- Manihari, District- Katihar, At Present R/o- Village- Guagachhi, Muslim Tola, P.S.- Manihari, P.O.- Kantakosh, District- Katihar, Pin Code- 854113. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal For the Respondent/s :

Mr.Kameshwar Kumar ( Gp 17 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-01-2024

1. The petitioner has filed the present writ application for initiating enquiry against the former Headmistress of the School on the ground that she has committed financial irregularity in construction of school building.

2. Learned counsel for the petitioner submits that after retirement of the respondent no. 8 on 31.07.2021 the petitioner has taken charge as In-charge Headmaster of the School but the outgoing Headmistress did not hand over financial charge to the

Patna High Court CWJC No.3423 of 2023(2) dt.09-01-2024 2/2 petitioner. The petitioner has only taken charge of day to day running of the school without taking any financial charge. He next submits that representation at Annexure -2 has been filed by the petitioner before the District Programme Officer (Establishment), Katihar.

3. Learned counsel for the State submits that pursuant to the representation of the petitioner, enquiry was directed by District Programme Officer (Establishment), Katihar and the same was held by B.E.O., Manikhari. During the course of enquiry it has been found that a sum of Rs. 212090/- and Rs. 5200/- were due against the ex- headmistress for which gratuity of the ex-headmistress has been withheld.

4. Having heard learned counsel for the parties and taking into consideration the fact that representation of the petitioner was considered by the District Programme Officer (Establishment), Katihar and necessary enquiry was conducted and gratuity amount of the respondent no. 8 has been withheld, in my opinion, no further order is required to be passed.

5. The writ application stands disposed of.

praful/- (Anil Kumar Sinha, J) U