PATNA, India, Feb. 11 -- Patna High Court issued the following judgment on Jan. 12:
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 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 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.
*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyM1NjUjMjAyNSMxI04=-wJZbQmkgK0Y=)
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