Asha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9961 of 2017 ====================================================== Asha Devi Wife of Raja Ram Bhagat, Resident of Village- Maulavichak, P.O. P.S.- Chakand, Nagar Prakhand, District- Gaya at present working as Prabhari Pradhanadhyapika in Primary School Sudhana Harizan Tola Chakand, Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Thr Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

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

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

The District Education Officer, Gaya.

6.

The District Programme Officer Establishment, Gaya. 7.

The District Programme Officer, Mid-Day-Meal Scheme, Gaya. 8.

The Block Resource Persons, Mid-Day-Meal Nagar Prakhand, DistrictGaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh For the Respondent/s :

Mr. Kameshwar Kumar-Gp17 For the MDM :

Mr. Girijish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2024

1. Heard learned Counsel for the parties concerned.

2. The present writ application has been filed for quashing the letter no. 603 dated 13.06.2017, passed by District Programme Officer, Gaya, directing the petitioner to deposit a sum of Rs. 3,107/- in the account of Bihar State Mid-day Meal Scheme, Gaya.

3. Learned Counsel for the Mid Day Meal scheme submits that in the present writ application, the petitioner is the Incharge Headmaster of Primary School Shudhana

Patna High Court CWJC No.9961 of 2017(11) dt.28-06-2024 2/3 (Harizan Tola) Chakand, District-Gaya, who has challenged the impugned letter issued by the District Programme Officer, Mid-Day Meal Scheme, Gaya, directing him to deposit/refund the excess amount received by him providing Mid-Day-Meal.

4. Learned counsel further submits that upon inspection by the Block Resource Person, Mid-Day-Meal, Gaya, 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, Gaya.

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 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

Patna High Court CWJC No.9961 of 2017(11) dt.28-06-2024 3/3 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