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Patna High CourtCWJC/9602/2024disposed

Chooran Sah v. The State Of Bihar

2024-07-31Mr. Justice Nani Tagia2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9602 of 2024 ====================================================== Chooran Sah Son of Sri Bandhu Sah, resident of Village- Saraswa, P.S.- Gopalpur, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, New Secretariat, Patna.

2.

District Education Officer, West Champaran.

3.

District Programme Officer (Establishment), Education Department, West Champaran.

4.

District Programme Officer-cum-Incharge Block Education Officer, Chanpatia, West Champaran.

5.

Block Education Officer, Chanpatia, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Pratap Sharma, Advocate For the State :

Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 31-07-2024 Heard Mr. Pratap Sharma, learned counsel for the petitioner and Mr. Manoj Kumar, AC to GP-4 for the State.

2. The petitioner has filed this writ petition with the following prayer :

"1. That this writ petition is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions for quashing the letter No.476 dated 09.10.2023 and its consequential letter dated 30.04.2024 whereby and whereunder without examine the relevant records the respondents has taken the decision

Patna High Court CWJC No.9602 of 2024 dt.31-07-2024 2/2 for recovery the amount of Mid-Day Meal by suspending the petitioner from service without considering the legal aspect that for same set of charges appeal is pending before competent authority and for other necessary relief/reliefs on the basis of the facts and circumstances of the case."

3. In paragraph 7 of the writ petition, it has been stated by the petitioner that on 16.10.2023 the petitioner filed the appeal before District Education Officer, West Champaran against the decision dated 09.10.2023, which is pending.

4. In that view of the matter, the writ petition is hereby disposed of with a direction to the District Education Officer, West Champaran / respondent No.2 to dispose of the appeal filed by the petitioner on 16.10.2023 against the letter No.476 dated 09.10.2023, if any, and pass speaking order.

5. The writ petition is disposed of with the above direction.

(Nani Tagia, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 01.08.2024 Transmission Date N.A.