Haribhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11406 of 2019 ====================================================== Haribhushan Singh Son of Shri Ram Parikshan Singh, Resident of VillageKoila Kund, Police Station- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Government of Bihar, Human Resources Department, Patna.

2.

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

3.

The Commissioner, Darbhanga Division, Darbhanga. 4.

The District Magistrate, Samastipur.

5.

The District Programme Officer, Samastipur.

6.

The Block Education Officer, Kalyanpur, District- Samastipur. 7.

The Block Development Officer, Kalyanpur, District- Samastipur. 8.

Mr. Shiv Kumar Poddar, the Headmaster, Primary School Mangal Tola, Koila Kund Kalyanpur, District- Samastipur.

9.

Mr. Vimal Kant Jha, the Headmaster, Upgraded Middle School, Koila Kund, Kalyanpur, District- Samastipur.

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Respondent/s :

Mrs. . Shilpa Singh (GA12) For the Respondent No.9:

Mr. Mrityunjay Kumar, Advocate Mr. A. Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-12-2019 Petitioner has prayed for the following relief:- "For issuance of an appropriate writ in the nature of mandamus or any other appropriate writ/ writs/ order/ orders, direction/directions, command/commands for directing the respondent nos. 2 to 7 to enquire into the school

Patna High Court CWJC No.11406 of 2019(5) dt.09-12-2019 2/3 of Samastipur District along with respondent nos.8 and 9 and forbid to stop plunder of government schemes of Samastipur District along with the schools of respondent nos.8 and 9."

From the response so filed through the affidavit of Shri Awadhesh Pd. Singh, District Pragramme Officer, Samastipur, paragraph 11 whereof is reproduced as under:- "11. That thereafter the Block Resources Officer, Mid Day Meal Scheme, Kalyanpur conducted an inspection of Primary School, Mangal Tola on 21.07.2018 and detected a number of regularities in the Mid Day Meal and recommended for initiating disciplinary action. As the Headmaster of the School (Respondent no.8) was a Niyojit Teacher, therefore, the Panchayat Secretary, village Panchyat Raj, Kharsand East vide letter No.7 dated 13.08.2018 ordered for his suspension.

Photo copy of letter No.07 dated 13.08.2018 issued by the Panchayat Secretary, Panchyat Raj, Kharsand, Samastipur along related papers are annexed as Annexure- R5/D series."

it is apparent that now show cause stands issued and the

Patna High Court CWJC No.11406 of 2019(5) dt.09-12-2019 3/3 disciplinary action initiated.

As such, the present petition stands disposed of reserving liberty to the petitioner to approach the respondents for venting other and surviving grievances, if any. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U