Md. Zeyauddin v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18353 of 2015 ====================================================== Md. Zeyauddin son of Late Md. Allaudin resident of village Garhwa, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Director, Primary Education, Government of Bihar, Patna 3.
The Principal Secretary, Education Department, Government of Bihar, Patna 4.
The District Magistrate, West Champaran at Bettiah 5.
The District Education Officer, West Champaran, Sant Kabir Road, Bettiah 6.
The District Program Officer Establishment, West Champaran, Sant Kabir Road, Bettiah 7.
The District Program Officer, SSA, West Champaran, Sant Kabir Road, Bettiah 8.
The District Program Officer, West Champaran, Midday Meal Program, Dak Bunglow Road, Bettiah 9.
The Block Education Officer, Majhaulia Block, West Champaran 10.
The Secretary, Vidyalay Siksha Samiti, Garhwa Bhogadi, P.S.- Majhaulia, District- West Champaran 11.
The Headmaster, Rajkiya Urdu Madhya Vidyalaya, Garhwa Bhogadi, P.S.- Majhaulia, District- West Champaran ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Advocate For the Respondent/s :
Mr.A.K. Keshari, AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-03-2023 The present writ petition has been filed seeking the following reliefs:- "1.(i) To conclude the disciplinary proceeding being conducted by the conducting officer, Sri Nasir Hussain, the then District Program Officer (DPO), Establishment, West Champaran, who
2/4 after enquiry submitted a report, vide memo no. 59 dated 10.07.2014 coupled with a memo of charge against the Headmaster Abdul Ghani (Respondent no. 11), vide Memo No. 3337 dated 06.08.2014.
(ii) To conclude the disciplinary proceeding being concluded by the conducting officer, Sri Shambhu Nath Mishra, the then Block Education Officer (BEO), Majhaulia, West Champaran, who after enquiry submitted a report vide Memo No. 210 dated 20.04.2015 to the then District Program Officer (DPO), SSA, West Champaran, and on the basis of the said report, the DPO, SSA, issued letter, vide Memo No. 849 dated 08.05.2015 to the BEO, Majhaulia, directing him to constitute new Vidyalaya Siksha Samiti (VSS) in his presence within a fortnight, to which the Secretary, VSS, Government Urdu Middle School, Garhwa Bhogadi, raised objection, though after consideration the objection was turned down by the DPO, SSA, vide Memo No.
SSA/VSS/1190 dated 30.06.2015, and direction was given to the BEO, Majhaulia, to constitute new VSS without further delay, and also to take
3/4 disciplinary action against the Headmaster.
(iii) To restrain the DPO, SSA, West Champaran, from allowing the Secretary, VSS, Government Urdu Middle School, Garhwa Bhogadi, to open SchoolAccount without concluding the disciplinary proceeding and taking any legal action.
(iv) To recover a sum of Rs. 4,46,275/- from the respondent no. 11, the Headmaster, Abdul Ghani in terms of letter dated 29.06.2015 (Annexure-7).
(v) To conduct an enquiry into misappropriation and embezzlement of government fund by Abdul Ghani, the Headmaster of the school (Respondent no.11), who is a public servant.
(vi) To restrain the Secretary and Headmaster of the school (Respondent nos. 10 and 11) from withdrawal of money from treasury/Bank, and from exercising any financial power."
Considering the nature of prayer made in the present writ petition, I deem it fit and proper to grant liberty to the petitioner to approach the respondent-authorities for redressal of his
4/4 subsisting grievances.
The writ petition stands disposed off.
(Mohit Kumar Shah, J) S.Sb/SonalU