Created by Fuzzy Cloud

Patna High Court

BiharversusDr. Shyam Sundar Singh

Decided
Disposal
DISPOSED

Holding

The appellate court set aside the interim order because the removal breached natural justice and the State was denied a chance to present a counter‑affidavit.

Summary

The State of Bihar appealed against an interim order that stayed the removal of Dr. Shyam Sunder Singh, a Nodal Officer, from his post. The removal had been effected by an Officer on Special Duty without a departmental enquiry, allegedly violating natural justice. The Single Judge had stayed the removal and directed an independent enquiry, but the State argued it was not given a chance to file a counter‑affidavit and that the judge exceeded jurisdiction. The High Court noted that the principles of natural justice were indeed flouted and that the State was denied procedural opportunity. Consequently, the appellate court set aside the interim order and remitted the writ petition for fresh consideration, allowing the Letters Patent Appeal.

Issues considered

  • Did the removal of the Nodal Officer without a departmental enquiry violate the principles of natural justice?
  • Was the interim order staying the removal sustainable given that the State was not afforded an opportunity to file a counter‑affidavit?
  • Did the Single Judge exceed his jurisdiction in directing an independent enquiry and restraining the OSD?

Subjects

  • natural justice
  • administrative law
  • writ of certiorari
  • mandamus
  • departmental enquiry
  • AYUSH
  • homeopathy admissions
  • Letters Patent Appeal

Judgment

         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
                                             3/8




                             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
                                             4/8




                             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
                                             5/8




                             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
                                             6/8




                             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
                                             7/8




         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
                                                          8/8




                      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.

                                     Re: CWJC No. 4616 of 2025

                                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.