Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.644 of 2017 ====================================================== Ajay Kumar Son of Late Ramdeo Prasad, resident of Mohalla - Vishnuganj, P.O. - Jehanabad, P.S. - Jehanabad, District - Jehanabad, Pin - 804408, presently working as Headmaster, Upgraded Middle School, Luthar, Lodipur, Jehanabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

3.

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

The Regional Deputy Director of Education, Magadh Division, Gaya. 5.

The District Education Officer, Jehanabad.

6.

The District Programme Officer Establishment, Jehanabad. 7.

The District Programme Officer, Midday Meal, Jehanabad. 8.

The Block Education Officer, Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shahabuddin Azeem @ S. Azeem For the Respondent/s :

Mr. Ashutosh Ranjan Pandey-Aag15 :

Mr. Prabhat Ranjan Singh (Ac to Aag15) For the MDM :

Mr. Girijish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-07-2024

1. Heard learned Counsel for the parties concerned.

2. The present writ application has been filed for quashing the letter no. 107 dated 04.02.2016 and letter no. 633 of 08.08.2016, passed by District Programme Officer, MidDay-Meal Scheme, Jehanabad, directing the petitioner to deposit a sum of Rs. 1,16,025/- in the account of Bihar State Mid-day Meal Scheme, Jehanabad.

3. Learned Counsel for the Mid Day Meal scheme submits

Patna High Court CWJC No.644 of 2017(8) dt.01-07-2024 2/3 that in the present writ application, the petitioner is the Incharge Headmaster of Upgraded Middle School, Bazartoli, Jehanabad, who has challenged the impugned letter issued by the District Programme Officer, Mid-Day Meal Scheme, Jehanabad, directing him to deposit/refund the excess amount received by him providing Mid-DayMeal.

4. Learned counsel further submits that upon inspection by the District Programme Officer, Mid-Day-Meal, Jehanabad, it was found that a number of children were less than the attendance made by the Headmaster of the School.

5. Taking into consideration the nature of dispute, in my opinion, it is appropriate for the Director, Mid Day Meal, to hear both the parties and pass a final order upon the letter of recovery issued by the District Programme Officer, Mid-day Meal, Jehanabad.

6. Accordingly, I direct the Director, Mid Day Meal, to fix a date for appearance of the petitioner and the concerned respondents before him, for giving them personal hearing and deciding the matter by a reasoned order.

7. Till the final order is passed by the Director, there shall be

Patna High Court CWJC No.644 of 2017(8) dt.01-07-2024 3/3 no recovery of the amount from the petitioner.

8. The entire exercise must be completed by the Director within a period of six months from the date of receipt/production of a copy of this order.

9. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) HarshPandey/- U