IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10388 of 2023 ====================================================== Santosh Kumar Rajak (Prakhand Sadhan Sevi, Pradhan Mantri Poshan Yojana Dhamdaha, Purnea) S/o Sinheshwar Rajak, R/o Village-Harinkol, P.S.- Maranga, District-Purnea. ... ... Petitioner/s Versus 1. The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2. The Director, Pradhan Mantri Poshan Yojana (PM Poshan Yojana), Bihar, Patna. 3. Mr. Chandra Shekhar Sharma, Regional Deputy Director of Education, (R.D.D.E. Purnea division purnea). 4. The District Programming Officer, PM Poshan Yojana, District-Purnea. 5. The District Education Officer, PM Poshan Yojana, District-Purnea. 6. The Food Corporation of India through its Regional Director, Exhibition Road, Patna. 7. The Bihar State Food Corporation through its Managing Director, Patna. 8. The District Manager, Bihar State Food Corporation, District-Purnea. 9. Mr. Rajiv Ranjan Nirala, D.S.D. Contractor, P.M. Poshan Yojana, R/o Village and P.S.-Banmankhi, District-Purnea. 10. Mr. Vikash Kumar Jha, Clerk, District Education Office, Purnea. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajnish Kumar Singh, Adv. For the BSFC : Mr.Shailendra Kumar Singh, Adv. Mr.Utkarsh Utpal, Adv. For the State : Ms.Binita Singh, SC-28 For the FCI : Mr.Amiya Kunal, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 5 25-02-2025 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This petition has been preferred by the petitioner seeking the following reliefs:- I. For issuance of writ/writs, order/orders, direction/directions in the Patna High Court CWJC No.10388 of 2023(5) dt.25-02-2025 2/5 nature of Certiorari for quashing of Letter No. 717 dated 15.03.2023 issued by District Educational Officer, Purnea (in short 'DEO') whereby and where under DEO has asked for explanation stating that 34 quintal rice has been made less available to the schools arbitrarily by the petitioner showing embezzlement and asked for explanation otherwise departmental proceeding against the petitioner should be initiated. II. For issuance of an appropriate writ/s, order/s, direction/s in the nature of Mandamus commanding the respondents authorities to not take any coercive action against the petitioner because explanation should be asked from the contractor (Respondent No. 9) whose responsibility was to deliver the rice to the concerning schools through their head masters of the concerned schools III. For issuance of writ/s, order/s, direction/s in the nature of MANDAMUS to command the respondents to scrutinize the matter in the proper manner because petitioner has given a route chart which has been tampered and over written on the xerox copy by the contractor Rajıv Ranjan Nirala (Respondent No.-9) with the help of clerk of D.E.O. office namely Vikash Kumar Jha (Respondent No. 10) and accordingly allegations has been levelled against petitioner and show cause has been asked by the D.E.O. cum D.P.O., Purnea without Patna High Court CWJC No.10388 of 2023(5) dt.25-02-2025 3/5 scrutinizing the matter in proper way and arbitrarily and authoritatively act without applying his official mind. IV. For issuance of writ/s, order/s, direction/s in the nature of MANDAMUS commanding these respondents to not Suspend the petitioner during any enquiry conducted in the said matter or during the pendency of this writ application and also direct the respondents to conduct proper enquiry and take necessary actions against the erring persons. V. For issuance of writ/s, order/s, direction's in the nature of MANDAMUS to command the respondents to consider that ‘maligning the respect of the petitioner be restored which has been degraded due to defective enquiry’. VI. For that any other relief's, order/s, direction's in favour of Petitioner in the facts and circumstances of this case. 3. The petitioner was working as Prakhand Sadhan Sevi of P.M. Poshan Yojana at Banmankhi, District- Purnea. Letter no. 717 dated 15.03.2023 has been issued by the D.E.O., Purnea addressing the petitioner wherein it is alleged that 34 quintals of rice has not been supplied by the petitioner. 4. It is submitted by learned counsel for the petitioner that as contained in Clause 15 of patraank no. 2908 dated Patna High Court CWJC No.10388 of 2023(5) dt.25-02-2025 4/5 12.12.2022 annexed as Annexure ‘4 series’ of the petition clearly shows that for supplying the food grain the concerned D.S.D. (respondent no. 9) was the responsible. He further submits that vide Annexure ‘4’ the petitioner has duly submitted his reply but no decision has been taken by the respondents yet. Since the supply of the food grain is the work of D.S.D., therefore it is prayed by learned counsel for the petitioner that the letter no. 717 dated 15.03.2023 may be quashed. 5. Learned counsel for the respondents opposes the arguments made by learned counsel for the petitioner and submits that as contained in Clause 8 of patraank no. 2908 dated 12.12.2022 the petitioner is also responsible for supply of food grains since he has not supervised the said supply of food grain, therefore, he is responsible for the same. 6. Considering the submission made by both the counsel for the parties and further taking into consideration the fact that the show cause notice has been duly replied by the petitioner vide his reply dated 28.03.2023, which has not been decided yet by the respondents, therefore, the petition is disposed of. The respondent no. 5 is directed to consider and decide the grievance of the petitioner and pass a reasoned order taking into consideration the relevant clause of patraank no. Patna High Court CWJC No.10388 of 2023(5) dt.25-02-2025 5/5 2908 dated 12.12.2022 and other relevant rules and laws as quickly as possible probably within 45 days from the date of receipt of a copy of this order. 7. With the aforesaid observation, this petition is disposed of. tusharika/- (Arvind Singh Chandel , J) U