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Patna High Court

Dr. Shankar Baitha @ Shankar BaithaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
     ======================================================
     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
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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
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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,
             Patna High Court CWJC No.311 of 2025 dt.18-04-2026
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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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