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Patna High CourtCWJC/17298/2019disposed

Baleshwar Das v. The State Of Bihar

2024-01-08Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17298 of 2019 ====================================================== Baleshwar Das S/o Late Raghunath Das Vill.- Ladhma Tola Rangta, P.s.- Chandramandih, Distt.- Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna 2.

The Principal Secretary Education Department, Govt. of Bihar, Patna 3.

The Director Primary Education, Govt. of Bihar, Patna 4.

The Director State Education Project Council, Bihar, Patna 5.

The Director Mid-day Meal Scheme, Bihar, Patna 6.

The District Magistrate Jamui District Jamui 7.

The District Education Officer Jamui, Distt.- Jamui 8.

TheDistrict Programme Officer Establishment (Education) Jamui, Distt.- Jamui 9.

The District Programme Officer Mid-day Meal Scheme, Jamui, Distt.- Jamui 10.

The Aditional-in-Charge Officer Mid-day Meal Scheme, Jamui, Distt.- Jamui ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Respondent/s :

Smt.Shilpa Singh (Ga12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-01-2024

1. Heard the parties.

2. Learned counsel for the State as well as learned counsel appearing for the Mid Day Meal Scheme, Bihar, Patna submit that in the present writ application the petitioner is the Headmaster of the school who has challenged the impugned

Patna High Court CWJC No.17298 of 2019(3) dt.08-01-2024 2/3 letter issued by the District Programme Officer, Mid Day Meal Scheme, Jamui 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, Jamui / District Programme Officer, Mid Day Meal Scheme, Jamui 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, Jamui.

5. Accordingly, I direct the respondent no. 5 / Director, Mid Day Meal Scheme, Bihar, Patna to fix a date for appearance of the petitioner as well as the District Programme Officer, Mid-Day Meal Scheme, Jamui / District Education Officer, Jamui 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

Patna High Court CWJC No.17298 of 2019(3) dt.08-01-2024 3/3 order.

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

(Anil Kumar Sinha, J) praful/- U