Prakash Chandra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19363 of 2024 ====================================================== Prakash Chandra jha Son of Chandrashekhar Jha Resident of MohallaChanakyapuri Saharsa P.S.-Saharsa Sadar District -Saharsa. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education Department, Govt. of Bihar, Patna. 3.

The Commissioner, Koshi Division, Saharsa.

4.

The District Magistrate, Saharsa.

5.

The Regional Deputy Director of Education, Koshi Division, Saharsa. 6.

The District Education Officer, Saharsa.

7.

The District Programme Officer, P.M. Poshan Yojna, District-Education Officer, Office Saharsa.

8.

The Block Education Officer, Sonbarsa, District-Saharsa. 9.

The Prakhand Sadhan Sevi PM Poshan Yojna Sonbarsa, District-Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha For the Respondent/s :

Mr. Government Advocate (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2025

1. Heard learned Counsel for the parties concerned.

2. The present writ application has been filed for quashing the letter no. P.M.Po.Yo/568 dated 09.08.2024, passed by District Programme Officer, P.M.Po.Yo Saharsa, directing the petitioner to deposit a sum of Rs. 1,29,196/- in the account of Bihar State Mid-day Meal Scheme, Saharsa.

3. Learned Counsel for the Mid Day Meal scheme submits that

Patna High Court CWJC No.19363 of 2024(2) dt.21-04-2025 2/3 in the present writ application, the petitioner is the Headmaster of Girls Middle School, Bargaon Block Sonbarsa Raj District, Saharsa, who has challenged the impugned letter issued by the District Programme Officer, P.M.Po.Yo, Saharsa, directing him to deposit/refund the excess under Mid-DayMeal scheme.

4. Learned counsel further submits that upon inspection by the Block Resource Person, Mid-Day-Meal, Saharsa, 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, P.M.Po.Yo, Saharsa.

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 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

Patna High Court CWJC No.19363 of 2024(2) dt.21-04-2025 3/3 application is disposed.

(Anil Kumar Sinha, J) HarshPandey/- U