Sharwan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10412 of 2017 ====================================================== Sharwan Kumar Son of Kameshwar Prasad Resident of Village - Majhauli, P.O. - Jharnasren, District - Gaya at present working as Prabhari Pradhanadhyapak in Primary School Bilandpur, Tankuppa Prakhand, Dist - Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

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

The Regional Deputy Director of Education, Magadh Division, Gaya. 5.

The District Education Officer, Gaya.

6.

The District Programme Officer Establishment, Gaya. 7.

The District Programme Officer, Mid-Day-Meal Scheme, Gaya. 8.

The Block Resource Persons, Mid-Day-Meal Tankuppa Prakhand, District - Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh For the Respondent/s :

Smt. Binita Singh-Sc28 For the MDM :

Mr. Girijish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2024

1. Heard learned Counsel for the parties concerned.

2. The present writ application has been filed for quashing the letter no. 2676 dated 07.06.2017, passed by District Programme Officer, Gaya, directing the petitioner to deposit a sum of Rs. 12,944/- in the account of Bihar State Mid-day Meal Scheme, Gaya.

3. Learned Counsel for the Mid Day Meal scheme submits that in the present writ application, the petitioner is the

Patna High Court CWJC No.10412 of 2017(11) dt.28-06-2024 2/3 Incharge Headmaster of Primary School, Bilandur, Tankuppa, District-Gaya, who has challenged the impugned letter issued by the District Programme Officer, Mid-Day Meal Scheme, Gaya, directing him to deposit/refund the excess amount received by him providing Mid-Day-Meal.

4. Learned counsel further submits that upon inspection by the Block Resource Person, Mid-Day-Meal, Gaya, it was found that a number of children were less than the attendance made by the Headmaster of the School.

5. 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, Mid-day Meal, Gaya.

6. Accordingly, I direct the Director, Mid Day Meal, to fix a date for appearance of the petitioner and the concerned respondents before him, for giving them personal hearing and deciding the matter by a reasoned order.

7. Till the final order is passed by the Director, there shall be no recovery of the amount from the petitioner.

8. The entire exercise must be completed by the Director

Patna High Court CWJC No.10412 of 2017(11) dt.28-06-2024 3/3 within a period of six months from the date of receipt/production of a copy of this order.

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

(Anil Kumar Sinha, J) HarshPandey/- U