Shambhu Nath v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9611 of 2017 ====================================================== Shambhu Nath son of Late Anandi Mahto Resident of Village - Malhipur, P.O. - H.S. Mills, P.S. - Hasanpur, District - Samastipur, Pin - 848205. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

3.

The Director, Human Resources Department, Govt. of Bihar, Patna. 4.

The District Magistrate, Samastipur.

5.

The District Education Officer-cum-Appellate Tribunal, Mid Day Meal Scheme, Samastipur.

6.

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

The District Programme Manager, Mid Day Meal, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar, Adv.

For the Respondent/s :

Smt.Binita Singh-Sc28 For Mid Day Meal :

Mr. Girijesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2024 Heard learned counsel for the parties.

2. Learned counsel for the State as well as learned counsel appearing for the Mid Day Meal Scheme submit that the petitioner is a Incharge Headmaster of Upgraded Middle School Paroria, Samastipur and has challenged order dated 07.04.2017 passed by District Education Officer-cum-Appellate Authority, Samastipur in Case No. 52/2017 directing the petitioner to deposit/refund the excess amount received by him for providing mid-day meal.

Patna High Court CWJC No.9611 of 2017(3) dt.25-06-2024 2/2

3. Learned counsel for the Mid Day Meal submits that upon inspection made by the respondent authority, it was found that the number of children were found 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 order of recovery issued by the District Programme Officer, Samastipur

5. Accordingly, I direct the Director, Mid Day Meal, to fix a date for appearance of the petitioner and the respondent no. 7 before him, for giving them personal hearing and deciding the matter by a reasoned order. Director, Mid Day Meal can hear the matter through virtual mode or hybrid mode subject to approval of the parties concerned.

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 of.

(Anil Kumar Sinha, J) perwez U