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Patna High CourtCWJC/4368/2019disposed

Ambedkar Jee v. The State Of Bihar And ORS

2023-11-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4368 of 2019 ====================================================== Ambedkar Jee S/o Babu Chand Das @ Babu Chand Mochi R/o VillageShankarpur P.O. Belhari,Dist.-Gaya and at present working as Prabhari Pradhanadhyapak in Madhya Vidylaya Khaira,Khijarsarai,Dist.-Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department,Govt. of Bihar,Patna 3.

The Director, Primary Education Govt. of Bihar,Patna 4.

The Director State Mid-Day-Meal, Govt. of Bihar,Patna 5.

The Regional Deputy Director of Education,Magadh Division,Gaya 6.

The District Education Officer, Gaya 7.

The District Programme Officer (Establishment),Gaya 8.

The District Programme Officer, Mid-Day-Meal Scheme,Gaya 9.

The Block Resource Persons, Mid-Day-Meal Nagar Prakhand,Dist.-Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rama Kant Singh For the Respondent/s :

Smt.Vinita Singh (Sc28) Mr. Girijish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-11-2023

1. Heard the parties.

2. Learned counsel for the State as well as learned counsel appearing for the Mid Day Meal Scheme submit that in the present writ application the petitioner is the Incharge Headmaster of the school who has challenged the impugned letter issued by the District Programme Officer, Mid Day Meal Scheme, Gaya directing him to deposit /

Patna High Court CWJC No.4368 of 2019(5) dt.23-11-2023 2/3 refund the excess amount received by him for providing mid-day meal.

3. Learned counsel for the Mid Day Meal Scheme submits that upon inspection by the District Education Officer, Gaya / District Programme Officer, Gaya it was found that the number of children were less than the attendance made by the Incharge Headmaster of the school.

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

5. Accordingly, I direct the respondent no. 4 / Director, State Mid Day Meal, Govt. of Bihar, Patna to fix a date for appearance of the petitioner as well as the District Programme Officer, Gaya / District Education Officer, Gaya before him, for giving them personal hearing and deciding the matter by a reasoned order.

6. The entire exercise must be completed by the Director, State Mid Day Meal, Govt. of Bihar, Patna within a period of six months from the date of receipt / production

Patna High Court CWJC No.4368 of 2019(5) dt.23-11-2023 3/3 of a copy of this order.

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

(Anil Kumar Sinha, J) praful/- U