[Cites 1, Cited by 0]
Patna High Court
The State Of Bihar vs Dr. Shyam Sundar Singh on 12 January, 2026
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.565 of 2025
In
Civil Writ Jurisdiction Case No.4616 of 2025
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Health, Vikash Bhawan,
New Secretariate, Patna, Bihar.
3. The Additional Chief Secretary, General Administrative Department,
Government of Bihar, Patna.
4. The Special Secretary, Department of Health, Government of Bihar, Vikash
Bhawan, New Secretariat, Patna, Bihar.
5. The Under Secretary, Ayush In-Charge, Department of Health, Vikash
Bhawan, New Secretariat, Patna, Bihar.
6. The Deputy Director, Homoeopathy, Ayush Directorate, Vikash Bhawan,
New Secretariat, Patna, Bihar.
7. The Officer on Special Duty (OSD), Department of Health Vikash Bhawan,
New Secretariat Patna, Bihar.
... ... Appellant/s
Versus
1. Dr. Shyam Sundar Singh S/o Late Aliyar Singh, R/o Flat No. 206, SS
Enclave Ashiyana Digha Main Road, P.S.-Rajiv Nagar, District-Patna, Bihar.
2. Dr. Ravindra Kumar, Son of Late Dr. Ram Balak Singh, MIG- 47,
Chanakyapuri Colony, Gaya, P.S. - Rampur, Dist. - Gaya.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 4616 of 2025
======================================================
Dr. Shyam Sunder Singh Son of Late Aliyar Singh, Resident of Flat No.- 203,
SS Enclave Ashiyana Digha Main Road, P.S.- Rajiv Nagar, District - Patna,
Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Health, Vikash Bhawan,
New Secretariate, Patna, Bihar.
3. The Additional Chief Secretary, General Administrative Department,
Government of Bihar, Patna.
4. The Special Secretary, Department of Health, Government of Bihar, Vikash
Bhawan, New Secretariat, Patna, Bihar.
5. The Office on Special Duty (OSD), Department of Health, Vikash Bhawan,
New Secretariat, Patna, Bihar.
6. The Under Secretary, Ayush In-Charge, Department of Health, Vikash
Bhawan, New Secretariat, Patna, Bihar.
Patna High Court L.P.A No.565 of 2025 dt.12-01-2026
2/8
7. The Deputy Director, Homoeopathy, Ayush Directorate, Vikash Bhawan,
New Secretariat, Patna, Bihar.
8. Dr. Ravindra Kumar, Son of Late Dr. Ram Balak Singh, MIG- 47,
Chanakyapuri Colony, Gaya, P.S. - Rampur, Dist. - Gaya.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 565 of 2025)
For the State : Mr. P.K. Shahi, AG
Dr. Md. Raisul Haque, SC-10
Ms. Shilpi Keshri, Advocate
For the Respondent/s : Mr.
(In Civil Writ Jurisdiction Case No. 4616 of 2025)
For the State : Mr. P.K. Shahi, AG
Dr. Md. Raisul Haque, SC-10
Ms. Shilpi Keshri, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 12-01-2026
Re: LPA No. 565 of 2025
This Letters Patent Appeal has been filed by the
State of Bihar against the interim order dated 27.03.2025 passed
in CWJC No. 4616 of 2025. The writ petition was filed by Dr.
Shyam Sunder Singh, the Respondent No. 1 in this LPA for the
following reliefs:-
"A. For issuance of writ in the
nature of certiorari for quashing the letter no.
1042 dated 20.09.2024 issued by the Officer on
Special Duty(OSD), Health Department, Bihar,
Patna whereby and where under the petitioner
was removed from the post of Nodal Officer.
And/or
B. For issuance of writ in the nature
Patna High Court L.P.A No.565 of 2025 dt.12-01-2026
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of mandamus for direction to the respondent
authorities to reinstate the petitioner on the post
of the Nodal Officer as the petitioner was
removed from the post without any Departmental
Enquiry which is against the principle of natural
justice. And/or
C. For issuance of writ in the nature
of mandamus for direction to the respondent
authorities to not consider the representation
filed by Association of Management of
Homeopathic Medical College of Bihar in the
light of letter no. 945 dated 24-06-2005 whereby
and where under as per clause 4(1), any
anonymous, pseudonymous applications/
complaints will not be processed and the said
Association of Management of Homeopathic
Medical College of Bihar is not a registered
institution in the State of Bihar.
D. For issuance of the writ in the
nature of mandamus to issue direction to the
respondent authorities to consider the reply to the
show cause filed by the petitioner vide letter
dated 23-09-2024 and to quash the show cause
vide letter no. 1032 dated 19- 9-2024.
E. To grant any other relief or reliefs
to which the petitioners are entitled in the facts
and circumstances of the case."
2. On 27.03.2025, the following order was passed in
CWJC No. 4616 of 2025:-
"10. Upon call on 12:30 PM, it has
Patna High Court L.P.A No.565 of 2025 dt.12-01-2026
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been intimated by Counsel for the State that the
Special Secretary / Special Executive Officer
(Renu Kumari) is on leave today, and therefore,
unable to attend the Court, but in the place of
the said officer, Deputy Director, AYUSH, Health
Department, Government of Bihar, namely, Mr.
Anjum Akhtar along with his assistant has
appeared, in person.
11. Mr. Anjum Akhtar, Deputy
Director, through advocate, submits that he is
aware that the petitioner was appointed as
Nodal Officer vide order dated 27.06.2024
issued by the Special Executive Officer / Special
Secretary (Renu Kumari), Department of Health.
He fairly intimated to this Court through his
advocate that he is unable to assist on this point
that even after receiving the complaint dated
18.07.2024
by the Federation of Medical
College, to whom the said respondent No. 4,
Special Executive Officer (Renu Kumari) and
other official demanded 15 days time to
ascertain about the said complaint on oath and
also demanded evidences but prior to that
without any material, removed the petitioner
frons the said post on 20.09.2024.
12. It transpires to this Court that
such action which was taken place by the Special
Executive Officer, is in gross violation of natural
justice. It also transpires from the pleadings that
the petitioner, who was holding the post of
Class- I officer and the said Special Executive
Officer/Special Secretary who issued the order is
Patna High Court L.P.A No.565 of 2025 dt.12-01-2026
definitely not the appointing authority for him. It
also transpires to this Court that the matter in
which investigation is pending, particularly
relating to admission in the homeopathy medical
colleges is a sensitive issue and the petitioner
who issued letter, demanding documents from the
medical colleges in accordance with National
Commission of Homeopathy Act, 2020.
Demanding documents from the medical colleges
by the Nodal officer in the light of press release
for public at large issued by the Authority is a
correct and legal steps to stop the illegal
admission in homeopathy colleges. But instead
of providing those documents to the Nodal
Officer, the colleges from whom those documents
were demanded by the the said Nodal Officer,
filed complaint and the said Executive Officer
has taken action under the influence of the
Federation of Medical Colleges without
verifying the same in spite of the fact that
verification was demanded by the said Officer
from the colleges on the same day in which 15
days time was granted by letter dated
19.09.2024, and taken action for removal on
20.09.2024 is really unfortunate and in gross
violation of natural justice.
13. This Court shall not permit to
continue such illegality at the hand of the
Special Executive Officer and feels that intense
enquiry is required in this matter. This Court
finds that injustice took place with the petitioner
which shall be resulted into affect the career of
Patna High Court L.P.A No.565 of 2025 dt.12-01-2026
the students who have successfully competed in
the NEET examination in the future. Hence, this
Court feels it necessary to interfere in the said
order issued by the Special Executive Officer.
Therefore, the said letter issued by the Special
Executive Officer, dated 20.09.2024 is hereby
stayed, till further order.
14. The Additional Chief Secretary,
Department of Health, Government of Bihar, is
hereby directed to look into this matter seriously
and submit a report to this Court within 60 days.
15. It is made clear that the said
report shall be submitted after conducting an
enquiry from an officer not below the rank of
Secretary other than the Health Department.
16. The Additional Chief Secretary,
Health Department, is hereby directed to
restrain the Special Executive Officer / Special
Secretary (Renu Kumari), who has issued the
letter No. 1042 dated 20.09.2024 from doing any
work of AYUSH Directorate till submission of
Enquiry report with a view to conduct the
independent enquiry in this matter.
17. Counsel for the State is hereby
directed to file counter-affidavit within 70 days.
18. List this case on 16.06.2025."
3. Shri P.K. Shahi, learned Advocate General
appearing for the State submits that the order passed by the
learned Single Judge is not sustainable in the eyes of law on the
Patna High Court L.P.A No.565 of 2025 dt.12-01-2026
ground that no opportunity has been given to the State-
respondents to controvert the averments made in the writ
petition and in fact, no counter affidavit has been filed and the
order has been passed on the first day of the hearing. It is further
submitted that the learned Single Judge has exceeded the
jurisdiction on irrelevant materials and issued direction to the
appellants. The finding arrived at by the learned Single Judge
that the Officer on Special Duty (OSD) has taken action under
the influence of Federation of Medical College is not correct
inasmuch as it has been taken after the approval of the
competent authority in administrative experience. Some other
grounds have been taken. The main ground is on the point of
violation of principles of natural justice.
3.1. The learned counsel appearing for the
Respondent No. 1 also fairly submits that the State has not been
provided with opportunity to file the counter affidavit and,
therefore, he has no objection if the impugned order is set aside
and the matter is remitted back to the learned Single Judge as
per the roster to deal with the matter on merits.
4. Considering the submissions made by the learned
counsel for the respective parties, the admitted fact that the
principles of natural justice has been flouted and the State has
Patna High Court L.P.A No.565 of 2025 dt.12-01-2026
not been given opportunity to file counter affidavit/response and
the fact that there was no proper material before the learned
Single Judge to take action against the Respondent No. 5 in the
writ petition, as was directed, we are of the view that the
impugned order is not sustainable in the eyes of law.
Accordingly, the impugned order is hereby set aside.
5. CWJC No. 4616 of 2025 shall be listed before the
learned Single Judge as per the roster, to be decided in
accordance with law after giving due opportunity to all the
parties.
6. The Letters Patent Appeal stands allowed.
7. Interlocutory Application(s), if any, shall stand
disposed of.
8. Let this case be listed before the learned Single
Judge as per the roster under the appropriate heading.
(Sangam Kumar Sahoo, CJ)
(Sudhir Singh, J)
Anushka/-
AFR/NAFR
CAV DATE
Uploading Date 15.01.2026
Transmission Date
