Disposed

Ravindra Chaudharty and Ors. v. The State Of Bihar and Ors.

Patna HC1 Nov 2012MJC/3709/2012

Case brief

AI extract

What is this about?

Petitioner challenged bank stopping a college account without prior court direction. Court reiterated that only the Director, Secondary Education has authority to restrain fund withdrawal or order banks to stop account operations; private parties lack locus standi.

What did the court decide?

Clarification that only Director, Secondary Education can order banks to stop account operations; dismissed private parties' action.

Ravindra Chaudharty and Ors. Vs The State Of Bihar and… — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3709 of 2012

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====================================================== Ravindra Chaudhary & Ors .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ansul For the Respondent/s : Mr. Amar Nath Deo Sc26 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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3 01-11-2012 By a common order dated 02.02.2012 passed in a batch of writ applications led by CWJC No.19787 of 2010, this Court had directed the Director, Secondary Education to look into the matter of complaints with regard to misutilization of aid released by the Government now in favour of the unaided colleges and take appropriate steps in the matter. This Court also gave liberty to the Director to restrain disbursement of amount by the Managing Committee in particular facts and circumstances of a particular case, if he so felt necessary. The Principal of one College, in respect of which the writ application was disposed of by the said order, has filed this application raising a grievance that though the Director has not passed any orders restraining the Managing Committee of the College from disbursing the fund and has not passed orders to the concerned Bank to stop operation of

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the account, two Banks namely, State Bank of India,

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Patna High Court MJC No.3709 of 2012 (3) dt.01-11-2012

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2 / 2

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Mohammadpur branch and Bank of India, Siswan Chainpur branch have stopped operation of the account on the application of the petitioners of the writ applications.

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Submission of learned senior counsel for the petitioners is that this authority was granted only to the Director, Secondary Education who could only pass orders for stopping the operation of the account. He submits that the Director has not passed any such orders in this respect. Still the Branch Managers of the said Branches of the Banks have stopped operation of the account on the application of the private parties.

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In the circumstances, it is made clear and reiterated that it is only the Director, Secondary Education who can pass orders in this respect requesting the concerned Banks to stop operation of the account and release of any amount from them and he can only restrain the concerned Managing Committees of the concerned colleges from withdrawing fund and disbursing the same. Any private party has no locus standi so far as this matter is concerned.

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This application is disposed of with the aforesaid clarification.

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Arvind/-

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(Jayanandan Singh, J)

Ravindra Chaudharty and Ors. v. The State Of Bihar and Ors.

Case brief

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Ravindra Chaudharty and Ors. v. The State Of Bihar and Ors.

Case brief

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