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Patna High CourtCWJC/11801/2019disposed

Anil Kumar Tiwari v. The State Of Bihar

2023-12-19Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11801 of 2019 ====================================================== Anil Kumar Tiwari S/o Sri Bhagwan Tiwari R/o- Village- Banjaria, Mateya Khas District- Gopalganj, Presently working as Headmaster at Elevated Middle School, Banjaria, Kuchaikot, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Human Resource Development, Bihar, Patna.

2.

The Additional Chief Secretary cum Principal Secretary Education department, Bihar, Patna. 3.

The Director Primary Education, Department of Human Resource Development, Bihar, Patna. 4.

The Collector Gopalganj.

5.

The District Education Officer Gopalganj.

6.

Bihar State Midday Meal Planning Committee Gopalganj, through the District Programme Officer, Midday Meal Scheme, Gopalganj. 7.

The District Programme Officer Midday Meal Scheme, Gopalganj. 8.

The District Programme Officer Establishment, Gopalganj. 9.

The Block Education Officer Kuchaikot, Gopalganj. 10.

The Block Sadhan Sevi, Midday Meal Scheme Block- Kuchaikot, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Manoj For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (Sc13) Mr. Girijish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-12-2023

1. Heard the parties.

2. Learned counsel for the State as well as learned counsel appearing for the Mid Day Meal Scheme submit that in the present writ application the petitioner is the Headmaster of the school, who has challenged the impugned letter issued by the District Programme Officer, Mid Day Meal Scheme,

Patna High Court CWJC No.11801 of 2019(3) dt.19-12-2023 2/3 Gopalganj directing him to deposit / refund the excess amount received by him for providing mid-day meal.

3. Learned counsel for the Mid Day Meal Scheme submits that upon inspection by the District Education Officer, Gopalganj / District Programme Officer (Establishment), Gopalganj, it was found that the number of children were less than the attendance made by the Headmaster of the school.

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

5. Accordingly, I direct the Director, Mid Day Meal Scheme, Bihar, Patna to fix a date for appearance of the petitioner as well as the District Programme Officer, Establishment, Gopalganj / District Education Officer, Gopalganj before him, for giving them personal hearing and deciding the matter by a reasoned order.

6. The entire exercise must be completed by the Director, Mid Day Meal Scheme, Bihar, Patna within a period of six months from the date of receipt / production of a copy of this order.

Patna High Court CWJC No.11801 of 2019(3) dt.19-12-2023 3/3

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

(Anil Kumar Sinha, J) praful/- U