Raj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21852 of 2013 =========================================================== Raj Kumar, Son of Sri Narayan Singh, Resident of Village- Chakramadas, Post Office+ Police Station+ District- Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar, through Secretary, Department of Labour Resources Development, Bihar, Patna.

2. The Principal Secretary, Department of Education, Bihar, Patna.

3. The Collector, Vaishali at Hajipur.

4. The District Programme Officer-cum- Sarvshiksha Aviyan Officer, Bihar Shiksha Priyojna, Vaishali at Hajipur.

5. The Assistant Sadhan Sevi, Vaishali at Hajipur.

6. The Block Education Extension Officer, Vaishali Block, Vaishali. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the State : Mr. G.P. Ojha, G.P.-22 For Bihar Education Project : Mr. Girijesh Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 17-09-2015 If advances have been given to the petitioner by the Committee of Serva Shiksha Abhiyan under various heads, the utilization of the fund with authentic supporting documents would be required to be produced before the authorities and the authorities are best placed to verify the authenticity thereof. Many a things which has been said in the counteraffidavit is not required to be taken into cognizance, looking at the nature of the order which the Court is going to pass. Since it is a matter of accounting and verification of the

Patna High Court CWJC No.21852 of 2013 dt.17-09-2015 2/2 authenticity of the work done by the petitioner against the advances, he will have to satisfy the authorities with regard to the same. This Court has no mechanism to either verify the utility or otherwise of the large sum of money which was extended to the petitioner, being the service provider as also to verify the utilization of the funds by the petitioner or delivery of service against the heads for which such funds were released.

Writ application, therefore, stands disposed of with liberty to the petitioner to approach the authorities. This Court in the given facts refuses to exercise any discretion by interfering or delving into the matter or the notice given to the petitioner. Petitioner should approach the competent authority or the senior officer on the issue. (Ajay Kumar Tripathi, J) Vats/- U