Lalti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5784 of 2018 ====================================================== Lalti Devi Wife of Late Jai Ram Mistri, Resident of Village-Chamandi, P.S.- Kurtha, District-Arwal.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Primary Educatuion Govt. of BIhar, Patna. 3.

The Director Mid Day Meal Scheme, Bihar, Patna. 4.

The Distict Magistrate, Arwal.

5.

The District Education Officer, Arwal.

6.

The District Programme Officer, Mid Day Meal Scheme, Arwal. 7.

The Block Development Officer-Cum-Nodal Officer MDM Scheme Kurtha, Arwal.

8.

THe Incharge Head Master/School Education Committee Rajkiya Primary School Chamandi, Block-Sonebhad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Respondent/s :

Mr. Prabhakar Jha- GP-27 Mr. Mukund Mohan Jha, AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-09-2023 Heard the parties.

2. The present writ petition has been preferred for the following reliefs:

(i) for issuance of appropriate writ/ order/ direction in nature of certiorari commanding the respondents to quash the letter contained in memo no. 395 dated 16.10.2017 issued by the District Programme Officer, Mid Day Meal Scheme, Arwal whereby and whereunder the petitioner has been removed from the post of cook cum

Patna High Court CWJC No.5784 of 2018(3) dt.27-09-2023 2/2 Assistant with immediate effect;

(ii) further for direction to the respondents to reconsider and appoint the petitioner on the post of Cook cum Assistant in the Primary School Chamandi, Kurtha.

3. Learned Counsel for the petitioner submits that though allegation was there of preparing spurious food which led to illness of the children. Subsequently, the Forensic Science Laboratory did not found any foreign material and/or the food to be spurious.

4. The counter affidavit is silent about it.

5. Learned Counsel for the petitioner submits that he may be given liberty to approach the Collector, Arwal in view of the fresh development that has come in the present case.

6. In that view of the matter, if the petitioner prefers representation within eight weeks from today, the Collector, Arwal shall take up the matter and decide within a period of four months thereafter.

7. The writ petition stands disposed of.

(Rajiv Roy, J) kiran/- U