Sudama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16658 of 2019 ====================================================== Sudama Singh Son of Basdeo Singh Resident of Village Jigina, P.O. Baradhi P.S. Agrer, District Rohtas at Sasaram. At present posted as In- Charge Headmaster, Primary School Gamharia, Anchal Rampur District Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

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

2.

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

The District Magistrate Kaimur, Bhabua.

4.

The District Education Officer Kaimur at Bhabua. 5.

The District Programme Officer Establishment (Education Department), Kaimur at Bhabua.

6.

The District Programme officer Mid - Day Meal Scheme, Kaimur at Bhabua. 7.

The District Programme Manager Mid-Day Meal, Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-01-2024

1. Heard learned Counsel for the parties concerned.

2. Learned Counsel for the State submits that the petitioner is the Incharge/Head Master of the Primary School, Gamharia, Rampur Circle, in the district of Kaimur, and has challenged Memo no. V-1-2017, dated 23.01.2017, issued by the District Programme Officer, Establishment, Kaimur, at Bhabhua, directing him to deposit/refund the excess amount received by him for providing mid-day meal.

3. Learned Counsel for the State submits that upon inspection by the District Programme Officer, Mid-day Meal,

Patna High Court CWJC No.16658 of 2019(3) dt.02-01-2024 2/2 Kaimur, it was found that the number of children were less than the attendance made by the petitioner.

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, Establishment, Kaimur.

5. Accordingly, I direct the Director, Mid Day Meal, to fix a date for appearance of the petitioner and the respondent nos. 5 and 6 before him, for giving them personal hearing and deciding the matter by a reasoned order in accordance with law.

6. 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.

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

(Anil Kumar Sinha, J) HarshPandey/- U