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Patna High CourtCWJC/18355/2015disposed

Suman Kumar Sinha v. The State Of Bihar And ORS

2023-12-08Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18355 of 2015 ====================================================== Suman Kumar Sinha Son of Sri Deep Narayan Mandal Resident of VillageLougany, Police Station- Shiv Narayanpur, District Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Director, Education Department, Mid-day Meal Scheme, Bihar, Patna 2.

The District Magistrate, Bhagalpur 3.

The District Education officer, Bhagalpur.

4.

The District Programme Officer (Establishment) Education Department, Bhagalpur.

5.

The District Programme Officer, Mid-Day Meal Scheme, Bhagalpur. 6.

The Block Development Officer -cum-Chairman, Mid Day Meal Scheme, Conduction-cum Anushrawan Samiti, Kharik, Bhagalpur 7.

The Block Education Officer, Kharik, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Sinha, Advocate For the State :

Mr.Madhukar Mishra, A.C. to S.C.-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 08-12-2023 Heard learned counsel for the petitioner and learned counsel appearing for the State.

2. The present writ application has been filed for quashing the office order dated 01.05.2015 under Memo No.400 issued under the signature of respondent No.5, District Programme Officer, Mid-day meal Scheme, Bhagalpur by which the petitioner has been directed not to perform duty of Block Resources Person, Kharik, Bhagalpur from the date of issuance pursuant to

Patna High Court CWJC No.18355 of 2015 dt.08-12-2023 2/3 proceeding dated 15.04.2015 with regard to extension of selection of Block Resources Person.

3. Learned counsel for the petitioner submits that without assigning any reason the petitioner has been discontinued from the service and the authority has not assigned any reason it is apparent from Annexure-1 of the writ application and thereafter the petitioner has filed an appeal before the Director, Mid-day meal Scheme, Bihar, Patna on 14.05.2015 and letter was issued to the petitioner vide letter No.809 dated 05.06.2015 to the petitioner directing him to furnish the documents and pursuant to letter dated 05.06.2015 the petitioner has submitted his application alongwith all papers to the Director, Mid-day meal Scheme, Bihar, Patna on 10.06.2015 and the matter is still pending before the Director, Mid-day meal Scheme, Bihar, Patna and the Director has not disposed of the application of the petitioner which is pending since 2015.

4. Learned counsel for the State, on the other hand, submits that as per the terms and conditions of the appointment letter, the authority has rightly disengaged the petitioner from his service but he is not in a position to inform this Court that whether the appeal is still pending or dispose of the same.

Patna High Court CWJC No.18355 of 2015 dt.08-12-2023 3/3

5. In view of the aforesaid, the respondent No.1 is directed to dispose of the appeal of the petitioner which is still pending since 2015 within a period of three months from the date of receipt/production of a copy of this order and communicated the order to the petitioner.

6. Accordingly, this writ application stands disposed of. (Rajesh Kumar Verma, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.12.2023 Transmission Date 08.12.2023