Patna High Court
Nilesh Kumar Choudhary vs The State Of Bihar And Ors on 7 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5898 of 2018
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Nilesh Kumar Choudhary Son of late Kapildev Choudhary Resident of
Village- Mathurapur, Police Station- Parbatta, District- Khagaria, at Present
Posted at Primary Middle School, Bharatkhand, Police Station- Parbatta,
District- Khagaria.
... ... Petitioner/s
Versus
1. The State Of Bihar, through Principal Secretary, Education Department,
Government of Bihar, Patna.
2. Principal Secretary, Education Department, Government of Bihar, Patna.
3. The Director (Primary Education), Government of Bihar, Patna.
4. The Director, State Education Project Council, Bihar, Patna.
5. The Director, Mid-day Meal Scheme, Bihar, Patna.
6. The District Magistrate, Khagaria.
7. The District Education Officer, Khagari, District- Khagaria.
8. The District Programme Officer, Mid-Day Meal Scheme, Khagaria, District-
Khagaria
9. The Additional Incharge Officer, Mid-Day Meal Scheme , Khagaria,
District- Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Raj Dular Sah, Advocate
For the State : Mr. Subhash Chandra Mishra, SC-16
Mr. Madhukar Jha, AC to SC-16
For the Respondents : Mr. Girijish Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 07-10-2023
1. Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application
challenging the office order dated 16.11.2016 (Annexure-4)
issued under the signature of the District Programme Officer,
Mid-Day Meal Scheme, Khagaria as also the appellate order
Patna High Court CWJC No.5898 of 2018 dt.07-10-2023
dated 3.2.2017 (Annexure-6) passed by the District Education
Officer- Cum- Appellate Authority, Mid-Day Meal Scheme,
Khagaria.
3. The case of the petitioner in brief is that the
petitioner who happens to be the Headmaster of the Mid-Day
Meal School in Khagaria was also the in-charge Headmaster of
Middle School, Malhurapur under Parbatta block in Khagaria
from August, 2014 to August, 2017. At the relevant time, the
Mid-Day Meal was floated by the Ministry of Human Resources
Development, Government of India.
4. On complaints being received, as per directions
contained in the letter dated 29.10.2013 (Annexure-3) issued by
the Principal Secretary, Education Department, Bihar, Patna
inspections were carried out with respect to the proper
implementation of the Mid-Day Meal Scheme as per the Act.
Having found discrepancies in the school where the petitioner
was posted as Headmaster, a show cause notice was issued to
him to which he chose not to reply and finally by order dated
16.11.2016, the District Programme Officer, Mid-Day Meal
Scheme, Khagaria passed an order for recovery of total sum of
Rs.1,18,744/-. An appeal was filed by the petitioner before the
appellate authority which was rejected by order dated 3.2.2017
Patna High Court CWJC No.5898 of 2018 dt.07-10-2023
by the District Education Officer Cum Appellate Authority,
Mid-Day Meal Scheme, Khagaria. Both the orders of recovery
dated 16.11.2016 and the order passed by the District Education
Officer rejecting the appeal on 3.2.2017 are impugned herein.
5. Having heard learned counsel for the parties and
having perused the material on record, it transpires that the
District Education Officer Cum Appellate Authority, Mid-Day
Meal Scheme, Khagaria has practically rejected the appeal filed
by the petitioner without any order, clearly in violation of the
principles of natural justice. Neither the case of the petitioner
has been narrated therein nor the submissions have been dealt
with to arrive at the conclusion. In fact from the contents of the
order, it transpires that even the appeal has not been rejected.
6. Having heard learned counsel for the parties, the
order dated 3.2.2017 (Annexure-6) passed by the District
Education Officer Cum Appellate Authority, Mid-Day Meal
Scheme, Khagaria is set aside and the matter is remanded back
to the appellate authority to decide the case of the petitioner
after hearing him within a period of two months.
7. It may be stated here that this Court has not entered
into the merits of the case of the petitioner which is to be
decided by the authority concerned.
Patna High Court CWJC No.5898 of 2018 dt.07-10-2023
8. The petitioner will appear before the appellate
authority within a period of three weeks from today along with
the copy of this order as also a fresh memo of appeal. The
petitioner will be at liberty to raise all the points available to
him before the appellate authority and the appeal preferred by
the petitioner will be decided within a period of two months
from the date of its filing.
(Partha Sarthy, J)
Shiv/-
AFR/NAFR
CAV DATE N/A
Uploading Date 12.10.2023.
Transmission Date N/A
