Disposed¶28

Sri Niwas Nayan v. The State Of Bihar and Ors.

PATNA HIGH COURT (Oral Order) – Civil Writ Jurisdiction Case No.9926 of 2017

Patna HC16 Dec 2025CWJC/9926/2017

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Case brief

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What is this about?

Bihar; Patna High Court writ jurisdiction; Mid-Day-Meal Scheme; defalcation charge Rs. 19955; Letter No. 472 dated 31.05.2017; District Programme Officer Mid-Day Meal Scheme Gaya; disposal in terms of co-ordinate Bench order dated 25.06.2024 in CWJC No. 9254 of 2017; Director Mid-Day-Meal to conduct personal hearing (virtual/hybrid permitted with parties' approval) and pass reasoned final order; six-month compliance timeline; departmental proceeding threat; physical inspection/verification report.

What did the court decide?

Disposal of the writ application in terms of the order dated 25.06.2024 passed in CWJC No. 9254 of 2017, with directions to the Director, Mid-Day-Meal to give the parties a personal hearing and pass a reasoned final order within six months. ¶28

Sri Niwas Nayan Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Letter No. 472 dated 31.05.2017 issued by Respondent No.-7 (Mid-day-Meal Scheme), levelling a charge of defalcation against the petitioner arising out of the Mid-Day-Meal Scheme in his school, should be quashed. +1 more

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Ratio / Principle

As all parties were at one that a similar matter had been decided by a co-ordinate Bench vide order dated 25.06.2024 in CWJC No. 9254 of 2017, the writ application is disposed of in terms of that order.

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Key takeaways

The Director, Mid-Day-Meal is directed to hear both the parties and pass a final order.ratio¶28
The Director, Mid-Day-Meal shall fix a date for appearance of the petitioner and the respondents before him, give them personal hearing, and decide the matter by a reasoned order.ratio¶30
The Director, Mid-Day-Meal may hear the matter through virtual mode or hybrid mode, subject to approval of the parties concerned.ratio

Detailed headnote1 paragraphs

PATNA HIGH COURT (Oral Order) — Civil Writ Jurisdiction Case No.9926 of 2017 — Coram: Alok Kumar Sinha, J. — Decided 16-12-2025. The petitioner (Sri Niwas Nayan), working as Prabhari Pradhanadhyapak in Middle School Baradih Harijan Tola, Barachatti, District Gaya, sought (i) quashing of Letter No. 472 dated 31.05.2017 passed and issued by Respondent No.-7 (Mid-day-Meal Scheme), levelling against him a charge of defalcation amounting Rs. 19955/- arising out of the Mid-Day-Meal Scheme in his school, with direction to deposit the alleged amount in the Bank Account of Bihar State Mid-Day-Meal Scheme, Gaya within one week on threat of departmental proceeding; and (ii) restraint on recovery of the amount, the charge being described as completely against and contradictory of the physical inspection/verification report. As all parties were at one that a similar matter had already been decided by a co-ordinate Bench vide order dated 25.06.2024 in CWJC No. 9254 of 2017, the Court disposed of the writ application in terms of that order, directing the Director, Mid-Day-Meal to hear both parties (date to be fixed, personal hearing, virtual/hybrid mode permissible subject to approval of the parties concerned), decide the matter by a reasoned order, and complete the entire exercise within six months from receipt/production of a copy of the order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9926 of 2017

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Sri Niwas Nayan Son of Sahadeo Prasad Bhagat, Resident of VillageBaradih, P.S. Prakhand- Barachatti, District- Gaya at present working as Prabhari Pradhanadhyapak in Middle School Baradih Harijan Tola, Barachatti, District- Gaya.

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... ... Petitioner/s

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Versus

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The State Of Bihar.

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The Principal Secretary, Education Department, Government of Bihar, Patna.

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

The Regional Deputy Director of Education, Magadh Division, Gaya.

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The District Education Officer, Gaya.

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The District Programme Officer Establishment, Gaya.

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The District Programme Officer, Mid- Day Meal Scheme, Gaya.

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The Block Resource Persons, Mid- Day- Meal Barachatti Prakhand, DistrictGaya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rama Kant Singh, Adv For the State : Mr. Apurva Kumar, AC to GA12 For M-D-M : Mr. Girijish Kumar, Adv ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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7 16-12-2025 Heard the parties.

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In the present writ application, the petitioner has

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prayed for the grant of following reliefs:

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(i) For issuance of appropriate writ(s), direction(s) for quashing of the letter No. 472 dated 31.05.2017 passed and issued by the Respondent No.-7 Mid-day-Meal Scheme, whereby and where under against the petitioner charge of defalcation

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Patna High Court CWJC No.9926 of 2017(7) dt.16-12-2025 2/3

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amounting Rs. 19955/- has been levelled arising out of Mid-Day-Meal Scheme in his school and accordingly he has been directed to deposit the said alleged amount of defalcation in the Bank Account of Bihar State Mid-Day-Meal Scheme, Gaya within one week otherwise he has been threatened to face departmental proceeding for it.

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(ii) Further the respondent be directed not to recovered the aforesaid amount from the petitioner because the said charge of defalcation against the petitioners is completely against and contradictory of physical inspection/verification report.”

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All the parties are at one in submitting that a similar matter has already been decided by a co-ordinate Bench of this Court vide order dated 25.06.2024 passed in CWJC No. 9254 of 2017. The parties, therefore, pray that this writ application may be disposed of in terms of the order dated 25.06.2024 passed in CWJC No. 9254 of 2017.

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In view of the aforesaid submissions made by the parties, this writ application is disposed of in terms of the order dated 25.06.2024 passed in CWJC No. 9254 of 2017. The Director, Mid-Day-Meal is directed to hear both the parties and pass a final order. The Director, Mid-Day-Meal shall fix a date

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Patna High Court CWJC No.9926 of 2017(7) dt.16-12-2025 3/3

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for appearance of the petitioner and the respondents before him, for giving them personal hearing and deciding the matter by a reasoned order. The Director, Mid-Day-Meal can hear the matter through virtual mode or hybrid mode subject to approval of the parties concerned. 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.

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With the aforesaid observation and direction, this writ application is disposed of.

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(Alok Kumar Sinha, J)

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kiran/-

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Sri Niwas Nayan v. The State Of Bihar and Ors.

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Sri Niwas Nayan v. The State Of Bihar and Ors.

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