Rajeev Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1999 of 2017 ====================================================== Rajeev Kumar S/o Rajendra Chaudhary Resident of Village- Kajichak,P.S. -Maheshkhut, District- Khagaria , then the Headmaster of Primary School, Naya Tola West, Dhanchhar Under the block of Chautham, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Mid Day Meal Scheme, Bihar, Patna. 3.

The District Magistrate, Khagaria.

4.

The District Education Officer, Khagaria.

5.

The District Programme Officer, Established Education Department, Khagaria.

6.

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

The Block Education Officer,Chautham, District- Khagaria. 8.

Shri Vachandeo Kumar, District- Sadhan Devi , Mid Day Meal Scheme, Khagaria.

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the State :

Mr. Jitendra Kumar Roy, SC-13 For the MDM :

Mr. Girijish Kumar For the Respondent-7-15:

Mr. Abhinav Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2024

1. Heard learned Counsel for the parties concerned.

2. The present writ application has been filed challenging the order issued under Memo No. 689, dated 10.06.2016 and the Memo No. 1641, dated 29.11.2016, passed by District Programme Officer, Mid Day Meal, Khagaria, and District Education Officer, Khagaria, respectively, directing the petitioner to deposit a sum of Rs. 79,819/- in the account of Bihar State Mid-day Meal Scheme Committee and also for quashing of Memo No. 1215,

Patna High Court CWJC No.1999 of 2017(8) dt.17-05-2024 2/3 dated 30.11.2016, issued by the District Programme Officer, Khagaria, whereby the petitioner has been directed to deposit a sum of Rs. 19,500/- in the account of Mid Day Meal Scheme, Khagaria.

3. Learned Counsel for the State submits that upon inspections on 14.05.2016 by the District Resource Person, Khagaria, and on 03.06.2016 by the District Programme Manager, Khagaria, the school was found closed and In-charge Headmaster reported that 18 students have been benefitted by Mid Day Meal Scheme.

4. 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, Khagaria and the District Education Officer, Khagaria.

5. 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.

6. Till the final order is passed by the Director, there shall be no recovery of the amount from the petitioner.

Patna High Court CWJC No.1999 of 2017(8) dt.17-05-2024 3/3

7. The entire exercise must be completed by the Director within a period of six months from the date of receipt/production of a copy of this order.

8. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U