Headmaster sought quashing of a DEO order directing deposit of Rs.1,57,306 as allegedly misappropriated Mid-day Meal funds and stoppage of annual increment. The court directed the Director, Mid-day Meal Scheme to hear both parties including the erstwhile Headmaster and fix responsibility within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2899 of 2020
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Sanjay Kumar Sharma, son of Shri Chhotelal Sharma, resident of MohallaGandhi Nagar, Mal Godam Road, Ward No. 2, P.S.- Khagaria, DistrictKhagaria, at present posted as Head Master, Middle School, Sarsawa, Chautham, District- Khagaria.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Shiv Sager Sharma, Advocate For the State : Mr. Madanjeet Kumar (GP-20) Mr. Samir Kumar, AC to GP-20 For the Respondent : Mr. Girish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
5 05-12-2024 The petitioner has invoked the extra-ordinary constitutional writ jurisdiction of this Court for the following reliefs:-
“(a) An appropriate writ(s), order(s), or
Patna High Court CWJC No.2899 of 2020(5) dt.05-12-2024 2/4
direction in the nature of certiorari for quashing the office order as contained in Memo No.5924 dated 18.11.2019 (Annexure-6) issued under the signature of Sri Raj Kishor Singh, the District Education Officer, Khagaria, by which the petitioner was directed to deposit the misappropriated amount of Mid-day-Meal Scheme amounting to Rs.1,57,306/within a week in the office of District Programme Officer, Mid-day-Meal Scheme, Khagaria, and further the annual increment in pay scale of the petitioner was stopped with cumulative effect, be issued.
(b) An appropriate writ, order or direction in the nature of writ of certiorari for quashing of letter No.6044 dated 05.12.2019 (Annexure-7) issued under the signature of District Education Officer, Khagaria directing to the petitioner to deposit Rs.1,57,306/- of Mid-Day-Meal Scheme in the office of District Programme Officer, Mid-day-Meal Scheme, Khagaria till 15.12.2019 otherwise, further action will be taken against you, be issued.
(c) An appropriate writ(s), order(s) or direction in the nature of Mandamus, directing the respondent authorities to refrain them for taking any coercive steps against the petitioner, during pendency of this writ application, be issued.
(d) to any other relief/reliefs to which the petitioner is entitled to in the facts and circumstances of the case, be issued.”
Patna High Court CWJC No.2899 of 2020(5) dt.05-12-2024 3/4
charge as Headmaster of Middle School, Sarsawan, Chautham, Khagaria w.e.f. 14.07.2014 from his predecessor in office, namely Parmanand Singh. At the time of delivery of charge Parmanand Singh did not deliver full charge of the office of the Headmaster of the said School, especially in respect of the assets and liabilities. Subsequently, the District Education Officer directed the petitioner to deposit a sum of Rs.1,57,306/in the account of the District Programme Officer, Mid-day-Meal Scheme, Khagaria, on the allegation that Mid-day-Meal amounting to the said price was misappropriated.
Patna High Court CWJC No.2899 of 2020(5) dt.05-12-2024 4/4
the issue involved in the instant writ petition after giving opportunity to the petitioner as well as the erstwhile Headmaster, namely, Parmanand Singh and to fixed responsibility upon the person, who is liable to make good of the misappropriated Mid-day-Meal articles on payment of money.
(Bibek Chaudhuri, J)
mdrashid/-
U
1 issue framed by the court
Whether recovery of alleged Mid-day Meal misappropriation of Rs.1,57,306 and stoppage of increment against the petitioner could be sustained without fixing responsibility.
Sanjay Kumar Sharma
The State of Bihar through the Principal Secretary, Education Department
The Director, Mid-day Meal Scheme, Bihar
Parmanand Singh (erstwhile Headmaster)
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
