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Patna High CourtCWJC/16382/2024dismissed

Dr. Pramod Kumar v. The State Of Bihar

2024-11-18Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16382 of 2024 ====================================================== Dr. Pramod Kumar, son of Late Ram Chandra Prasad resident of MohallahRam Sahay Lane, Mahendru, P. S.- Sultanganj, District- Patna-800 006. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director (Secondary Education), Bihar, Patna.

2.

The Regional Deputy Director of Education, Patna Division, Patna. 3.

The District Education Officer, Patna.

4.

The District Programme Officer (Establishment), Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lal Mani Sharma For the Respondent/s :

Mr. Government Pleader (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2024

1. Heard learned counsel for the petitioner.

2. No one appears on behalf of the State.

3. The learned counsel for the petitioner submits that petitioner, being aggrieved by the order contained in Memo No.758 dated 17.10.2024 issued by the Director, Secondary Education, has filed the instant writ application seeking quashing of the aforesaid Memo dated 17.10.2024, wherein it has been recorded that on account of Departmental order contained in Memo No.2092 dated 20.11.2018, a provision has been made from the level of the Director, Secondary Education that in such government school where Bihar Education Service Employees are not appointed in such school, the drawing and

Patna High Court CWJC No.16382 of 2024(2) dt.18-11-2024 2/3 disbursing power shall be given to the District Programme Officer Establishment.

4. The learned counsel submits that petitioner, who was appointed as Incharge Headmaster vide letter No.920 dated 19.12.2023 at Government Boys High School, Shashtri Nagar, was also given the financial powers, but by the impugned Memo dated 17.10.2024 (Annexure-2) issued by the Director, Secondary Education, the said power has been taken away from the petitioner and has been handed over to the District Programme Officer Establishment. The learned counsel for the petitioner submits that this grieves the petitioner for the reason that no adverse order ever came to be passed against the petitioner while in service, but then, the Memo dated 17.10.2024 has the effect of casting an aspersion on the conduct of the petitioner.

5. The Court does not find merit in the submissions made by the learned counsel appearing on behalf of the petitioner for the reason that from bare perusal of the Memo dated 17.10.2024 (Annexure-2), it would manifest that a conscious decision at the level of the Department of Education under the Director, Secondary Education has been taken wherein it has been decided that the financial power shall be

Patna High Court CWJC No.16382 of 2024(2) dt.18-11-2024 3/3 handed over to the District Programme Officer Establishment. The said Memo is with respect to the entire schools of Bihar, as such, it cannot be said that the petitioner has been singled out.

6. The writ application is dismissed accordingly. (Satyavrat Verma, J) vikash/- U