Petitioner challenged removal as Mid-Day Meal implementing agency for failing to supply eggs. Court held no prejudice from lack of notice due to admitted breach and dismissed writ petition.
Writ petition dismissed. Petitioner upheld as removed implementing agency.
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THE HON’BLE SRI JUSTICE GODA RAGHURAM
WRIT PETITION NO. 25680 OF 2006
Between :
Smt. K.Bharathi w/o Shivaiah Mulakaluru village, Nuzendla Mandal, Guntur District
… Petitioner
And :
The Joint Collector, Department of Education, Guntur and another.
THE HON’BLE SRI JUSTICE GODA RAGHURAM
WRIT PETITION NO. 25680 OF 2006
ORAL ORDER :
The petitioner was accredited as an implementing agency for cooking the mid-day meal under the Mid-Day Meal Programme initiated by the State for the benefit of school children. One of the complaints against the petitioner is that petitioner as DWCRA Group Implementing Agency had failed to provide eggs as required under the scheme. The petitioner admitted that eggs were not supplied but claimed that eggs could not be provided due to rains. There was another allegation that there was a variation in rice. There was a suo motu enquiry by the 2nd respondent, who confirmed that the petitioner failed to supply the eggs. Consequently by the impugned order of the 2nd respondent the petitioner was removed as the implementing agency for the irregularities found, assailing which the writ petition is filed.
The petitioner assails the order of the 2nd respondent dated 10.11.2006 inter alia on the ground that no notice was issued to her before removing her from the status of an implementing agency.
As the petitioner herself admitted to non-supply of eggs contrary to the terms of contract between the parties, no prejudice is suffered by the petitioner by non-issuance of a notice to her, as she has no defense to the allegation that she failed to provide eggs.
There are no merits in the writ petition. The writ petition
is accordingly dismissed. No order as to costs. Dt: 11.12.2006 ------------------------Pvsn/Tsnr Justice G.Raghuram
2 issues framed by the court
Whether non-issuance of notice before removing the petitioner as implementing agency caused prejudice when she had no defense to the non-supply of eggs.
Whether the removal of the petitioner as implementing agency for irregularities was sustainable in law.
1 provisions across 1 enactments
Smt. K. Bharathi
The Joint Collector, Department of Education, Guntur
another
Goda Raghuram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
