Rajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10654 of 2016 ====================================================== Rajesh Kumar .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Respondent/s : Mr. Ashutosh Ranjan Pandey Aag15 : Mr. Amrendra Kumar AC to AAG 15.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-08-2016 Heard Mr. Sunil Kumar Singh, learned Counsel for the petitioner, and Mr. Ashutosh Ranjan Pandey, learned Additional Advoate General No. 15.

With the help of this application, made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, the petitioner claims that the respondent No. 6, namely, Md. Israuel Haque, Assistant Teacher, S.B. High School, Bishnupur Deo, District-Aurangabad, has committed defalcation of more than Rs. 15,00,000/- (Rs. Fifteen Lakhs) of Poshak Yojna, Cycle Yojna, which are schemes for development of students, but no action has been taken against him by the State-respondents. Appearing on behalf of State-respondents, Mr. Ashutosh Ranjan Pandey, learned Additional Advocate General No. 15, has drawn our attention to the contents of Annexure-2, to contend that

Patna High Court CWJC No.10654 of 2016 (2) dt.30-08-2016 2/2 action has been taken against respondent No. 6, for defalcation of the aforementioned amount.

Having regard to the fact and after perusal of the materials available on record, we do not find that any action has been taken against respondent No.6, for defalcation of the aforesaid amount.

In view of the above and in the interest of justice, we hereby direct respondent No. 1, namely, the Principal Secretary, Education Department, Government of Bihar, Patna, to make enquiry into the matter and do the needful in accordance with law. The whole exercise, so directed, shall be completed within a period of six weeks from the date of receipt of a copy of this order. The petitioner shall remain at liberty to furnish respondent No. 1, the Principal Secretary, Education Department, Government of Bihar, Patna, a certified copy of this order along with a copy of the writ petition and other annexure thereto. (I.A. Ansari, CJ) (Chakradhari Sharan Singh, J) sunil/- U