Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, C.J. and N.S. Dhanik, J. contemplated a writ petition filed in pursuant to the order passed by Court in 2019, which directed the Project Director to prepare a set of instructions, in consultation with the concerned officials, for effective implementation of the Mid-day Meal Scheme, directed each school to strictly adhere thereto, and periodical inspections to be caused by a separate inspection staff with a view to satisfy himself that the funds earmarked for this Scheme were not misappropriated, an affidavit was filed by the Project Director enclosing thereto the Government Order in this regard.
The petitioner i.e. the Project Director in the affidavit stated that, immediately after the Government Order was issued, the Secretary and School Education had issued directions to all District Magistrates of Uttarakhand for implementation of the said guidelines.
Siddharth Sah, learned counsel for the petitioner contended that, Principals of the said schools where lapse were noticed and implementation of Scheme was ineffective, were let off with a mere adverse entry. The counsel was satisfied with the guidelines issued by State, but highlighted certain loopholes as well in the practical approach.
The Court observed considerable force in the submissions of the petitioner and noted that undue leniency was shown to those who failed to discharge the duties entrusted to them, of effective implementation of the Scheme, which may well embolden others to be negligent or to misutilize funds earmarked for the Scheme. The Court advised to take more stringent disciplinary actions against the concerned Principals and officers. It directed the first respondent to consider giving wide publicity to the guidelines now framed for effective implementation of the Scheme, so that all stakeholders are made aware of the duties which those, in charge of the Scheme, were required to discharge.
The Court further held, “in the exercise of its jurisdiction under Article 226 of the Constitution of India, this Court would, ordinarily, not sit in judgment over the decision of the competent authority in imposing punishment. We see no reason, therefore, to now direct the authorities to impose a more stringent punishment on the Principal concerned.”[Somendra Kumar v. State of Uttarakhand, 2019 SCC OnLine Utt 359, decided on 14-05-2019]
