High CourtsSingle Bench(2020) 01 PAT CK 0254

Samir Kumar vs State Of Bihar And Ors

Patna High Court · Decided on 16 January 2020

HON’BLE JUDGES
Ashutosh Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 15819 Of 2019

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Judgment

8 paragraphs · 265 words

Learned counsel for the petitioner is permitted to make correction in the designation of respondent no. 8 as he has wrongly been described as Block Education Officer, Nawanagar, Buxar in place of Block Education Officer, Dumraon, Buxar.

Let the aforesaid correction be carried out during the course of the day.

The petitioner has challenged the cancellation of the contract for lifting and distributing mid day meal grains in schools on the ground of FIR being lodged against him.

Learned counsel for the petitioner submits that the FIR was lodged on suspicion only and there is definite evidence of the fact that recovery of such rice was made at Dumraon which is 40 kms. away from the place where the petitioner lifted the foodgrains on the same day. It has further been submitted that considering this aspect of the matter, the police has chosen not to charge sheet the petitioner.

However, at this stage, no order can be passed for setting aside the rescission of contract of the petitioner to supply foodgrains but this Court deems it appropriate to grant liberty to the petitioner to approach the concerned authorities after the submission of final report in the criminal case.

With this liberty, the petition is permitted to be withdrawn.

In case, the petitioner, after a report in his favour is submitted under Section 173 Cr.P.C., makes a representation before the concerned authority, the same shall be looked into in correct perspective and a decision shall be taken which shall be communicated to the petitioner forthwith.

The petition is disposed of as withdrawn with the liberty aforesaid.