Banti Narayan Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9975 of 2017 ====================================================== Banti Narayan Sharma Son of late Gajendra Narayan Jha, R/o VillageBudhnagra, P.S.-Nanpur, District-Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Human Resources Department, Govt. of Bihar Patnaa 3.

The District Magistrate, Muzaffarpur 4.

The District Education Officer, Muzaffarpur 5.

The District Programme Officer, Mid-Day-Meal Scheme, Muzaffarpur. 6.

The Block Education Officer, Katra Block, District-Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Respondent/s :

Mr. Madanjeet Kumar- Gp20 For the MDM :

Mr. Girijish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-07-2024

1. Heard learned Counsel for the parties concerned.

2. The present writ application has been filed for quashing the letter no. 2396 dated 31.12.2016, passed by District Programme Officer, Mid-Day-Meal Scheme, Muzzaffarpur, directing the petitioner to deposit a sum of Rs. 1,10,413/- in the account of Bihar State Mid-day Meal Scheme, Muzzaffarpur.

3. Learned Counsel for the Mid Day Meal scheme submits that in the present writ application, the petitioner is the Incharge Headmaster of Govt. Middle School, Jajuar East, who has challenged the impugned letter issued by the District Programme Officer, Mid-Day Meal Scheme, Muzzaffarpur, 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

Patna High Court CWJC No.9975 of 2017(11) dt.01-07-2024 2/2 Block Resource Person, Mid-Day-Meal, Muzzaffarpur, on 26.04.2016, 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, Muzzaffarpur.

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 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