Patna High Court
Dr. Shankar Baitha @ Shankar BaithaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court declined to interfere with the administrative order and remitted the matter to the Additional Chief Secretary, Health Services, Bihar, for consideration of the petitioner's representation.
Summary
Dr. Shankar Baitha, a senior medical officer, filed a writ petition challenging an order dated 12‑11‑2024 that appointed a junior doctor as In‑charge Medical Officer of the Community Health Centre, Patahi, alleging violation of a departmental memo that seniority should determine such appointments. The State argued that a three‑member committee had investigated complaints of misconduct against Dr. Baitha, finding him absent from duty, failing to maintain records, and mismanaging staff, and that the Regional Deputy Director had recommended his removal pending higher approval. The High Court noted that while the committee report existed, no final decision had been taken by the Additional Chief Secretary, Health Services, Bihar. Consequently, the Court directed the petitioner to file a representation before the Additional Chief Secretary within 30 days and ordered that authority to decide the matter within 90 days. The Court expressly refrained from expressing any opinion on the merits and disposed of the writ petition.
Issues considered
- Whether the order appointing a junior doctor as In‑charge Medical Officer, contrary to the seniority principle, is violative of departmental policy and thus liable to be quashed.
- Whether the allegations of misconduct against Dr. Baitha justify his removal from the In‑charge post.
- Whether the High Court should intervene by granting certiorari or mandamus, or remit the matter to the administrative authority for consideration.
Subjects
- seniority
- appointment
- health services
- writ petition
- certiorari
- mandamus
- administrative law
- representation
- removal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.311 of 2025
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Dr. Shankar Baitha @ Shankar Baitha Son of Triveni Baitha, Resident of-
Govt. Primary School, Hazma Tola Sant Kabir Road, Banu Chhapar, P.S.-
Banu Chapra, District- West Champaran, At present posted as Chief Medical
Officer, (Medical Surgeion), Primary Health Centre, Patahi, P.S.- Patahi,
District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Govt. of Bihar, Patna.
2. The Deputy Secretary, Department of Health, Govt. of Bihar, Patna.
3. The Regional Deputy Director, Tirhut Division, Muzaffarpur.
4. The District Magistrate, East Champaran, Motihari.
5. The Civil Surgeon cum Chief Medical Officer, East Champaran, Motihari.
6. Dr. Mohan Lal Prasad, Medical Officer Community Health Centre, Patahai,
P.S.- Patahi, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the State : Mr. P.K. Verma (AAG-3)
Mr. Dr. Mankeshwar Tiwari, (AC to AAG-3)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 18-04-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“A. A Writ in the Nature of Certiorari or
any other appropriate writ / writs, order /
orders, for quashing the order dated
12.11.2024 containing Memo No. 6058
Patna High Court CWJC No.311 of 2025 dt.18-04-2026
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issued by Civil Surgeon cum Chief Medical
Officer, East Champaran, Motihari
(Respondent No. 5) whereby and
whereunder the Respondent No. 5 declared
the Respondent No. 6 Incharge Medical
Officer of Community Health Centre,
Patahi, East Champaran, (Annexure-4).
B. A Writ in the Nature of Mandamus or
any other appropriate writ /writs, order /
orders, direction commanding the
respondent for the following:-
I. To direct the Respondent authorities to
allow the Petitioner to serve as Incharge
Medical Officer of Community Health
Centre, Patahi, East Champaran and also
continuing as drawing Disbursement
Officer.
II. To allow the Petitioner to work on the
post of Incharge Medical Officer of
Community Health Centre, Patahi, East
Champaran considering the fact that he is
Senior Most Medical Officer at that Centre.
C. To any other relief / reliefs to which the
Petitioners are entitled for and the Hon'ble
Court deems fit and proper.”
3. Learned counsel for the petitioner submits that
the petitioner was appointed on the post of Medical Officer vide
letter contained in Memo No. 1286 dated 06.11.2007 and
Patna High Court CWJC No.311 of 2025 dt.18-04-2026
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thereafter, joined at Primary Health Centre, Madhuban on
13.06.2008. Counsel submits that the petitioner was transferred
from Primary Health Centre, Madhuban to Community Health
Centre, Patahi, East Champaran, vide order contained in Memo
No. 1616 dated 01.08.2015, where he joined on 07.08.2015. He
further submits that the Health Department, Govt. of Bihar,
Patna vide its letter contained in Memo No. 507(3) dated
26.07.2023 expressed and instructed to appoint Incharge
Medical Officer, the senior most among others, at the respective
health centre. Counsel submits that the petitioner was senior
most person, but even then, his seniority was not considered and
person junior to him was made Incharge Medical Officer, which
is in gross violation of letter issued by the Health Department,
Govt. of Bihar, Patna contained in Memo No. 507(3) dated
26.07.2023. He submits that it is due to this reason, the order
impugned i.e. Annexure-P/4 be set aside with immediate effect.
4. Learned counsel for the State, on the other hand,
submits that the petitioner has suppressed the material fact
before this Hon’ble Court. He submits that it is true that he was
senior to other person, but the member of Bihar Legislative
Assembly, Chiraiya Constituency, the Sarpanch and the
Mukhiya of Barashankar Panchayat, Mukhiya, Saraiya Gopal,
Patna High Court CWJC No.311 of 2025 dt.18-04-2026
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Sarpanch of Gram Kachahari Bakhari and member of Zila
Parishad, 51 Patahi Constituency all filed complaint in respect
of misconduct of the petitioner and mismanagement of
Primary/Community Health Centre, Patahi where the petitioner
was the Incharge. Counsel further submits that on the allegation
made by the people’s representative, Three Member Committee
of Senior Medical Officers to the district was constituted. The
committee inquired into the matter and submitted its report vide
Letter No. 207 dated 13.09.2024 and upon enquiry, it was found
that the petitioner found absent from duty without information
to anybody; work of establishment was hampered; the petitioner
did not take care of handling and taking over the charge of
transferred staff; post retiral due was not paid to ANM who
superannuated seven months ago; staff made complaint against
the conduct of the petitioner for not proceeding for their
admissible increasement; patients present at the OPD of the
centre on the date of inquiry reported that the petitioner did not
remain present regularly at the Primary/Community Health
Centre in question; record of medicine stock and distribution
was not found maintained; record relating to diesel purchase for
generator and log book for the same were not found
maintainable. Counsel submits that another Doctor posted as
Patna High Court CWJC No.311 of 2025 dt.18-04-2026
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Dental Doctor at the Health Centre in question has also filed
complaint against the misconduct of the petitioner and on the
basis of Three Member Committee report, the Regional Deputy
Director, Tirhut Division, Muzaffarpur agreed with the proposal
to remove the petitioner from the post of Incharge of the
PHC/Community Health Centre in question and make second
Doctor as Incharge in place of the petitioner. He submits that
this order was communicated to the higher level i.e. Joint
Secretary and Additional Chief Secretary, Health Services, Bihar
for needful/approval. But, he submits that till date, no approval
has come and in the meantime, the petitioner has moved before
this Hon’ble Court by filing this writ petition.
5. After hearing the parties and upon going through
the records, it transpires to this Court that there is a report of
Three Member Committee against the petitioner on the one
hand, but also, on the other hand, no decision has been taken at
the level of Additional Chief Secretary, Health Services, Bihar.
6. In this view of the matter, the petitioner is hereby
directed to file his representation along with a copy of this order
before the Additional Chief Secretary, Health Services, Bihar,
Patna raising all the points before him, within 30 days from
today and the Additional Chief Secretary, Health Services,
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Bihar, Patna shall take decision on the representation filed by
the petitioner within 90 days thereafter.
7. It is made clear that this Court has not expressed
any opinion either in the favour or against the petitioner. The
Additional Chief Secretary, Health Services, Bihar, Patna is free
to take independent decision in accordance with law considering
all the documents which shall be produce before him by the
petitioner as well as the documents which he shall receive upon
query from the concerned Regional Deputy Director. The
decision shall be taken within 90 days from the date of receiving
the petitioner’s representation.
8. Accordingly, with the aforesaid observation &
direction, this writ petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 21/04/2026
Transmission Date NA
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