Shiv Deo Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9618 of 2017 ====================================================== Shiv Deo Chaudhary Son of Ramswarth Chaudhary Resident of Village - Akaha Bishanpur, P.S. - Ujiyarpur, District - Samastipur at present working as Prabhari Pradhanadhyapak in Middle School Sevai, Barachatti, District - Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar 5.

The District Education Officer, Gaya.

6.

The District Programme Officer Establishment, Gaya. 7.

The District Programme Officer, Mid Day Meal Scheme, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Respondent/s :

Mr. Hites Suman, AC to SC 13 For Mid Day Meal :

Mr. Girijesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2024 Heard learned counsel for the parties.

2. Learned counsel for the State as well as learned counsel appearing for the Mid Day Meal Scheme submit that the petitioner is a Incharge Headmaster of Middle School, Sevai, Barachatti, Gaya and has challenged the letter No. 473 dated 31.05.2017 issued by Respondent No.7,/The District Programme Officer, Mid Day Meal, Scheme, Gaya directing the petitioner to deposit/refund the excess amount received by him for providing mid-day meal.

3. Learned counsel for the Mid Day Meal submits that upon inspection made by the respondent authority, it was

Patna High Court CWJC No.9618 of 2017(3) dt.25-06-2024 2/2 found that the number of children were found less than the attendance made by the petitioner.

4. 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 order of recovery issued by the District Programme Officer, Gaya

5. Accordingly, I direct the Director, Mid Day Meal, to fix a date for appearance of the petitioner and the respondent no. 7 before him, for giving them personal hearing and deciding the matter by a reasoned order. Director, Mid Day Meal can hear the matter through virtual mode or hybrid mode subject to approval of the parties concerned.

6. 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.

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

(Anil Kumar Sinha, J) perwez U