Sandeep Kumar, J. – Heard the learned counsel for the petitioner and the learned counsel for the State.

2. This writ petition has been filed on behalf of above named petitioner for issuance of an appropriate Writ(s)/Order(s)/Direction(s) to the respondents for the following relief(s): –

(i) To quash the notification contained in memo no. 907 dated 10.11.2022 issued by the Additional Secretary to the Government, Health Department, Govt. of Bihar, whereby and whereunder punishment of withholding of three increments with cumulative effect has been imposed against the petitioner. A copy of memo dated 10.11.2022 is annexed as ANNEXURE-P1 to this application;

(ii) To quash the appellate order contained in memo no.-415, dated 26.04.2023 issued by the Joint Secretary to the Government, Health Department, Govt. of Bihar, Patna whereby and whereunder the appeal preferred by the petitioner against notification dated 10.11.2022 (Ann-1) has been rejected. A copy of memo dated 26.04.2023 is annexed as ANNEXURE -P 2 to this application;

(iii) To direct the respondents to pay the difference of pay to the petitioner w.e.f. 29.12.2005 to 27.07.2018 after deducting the subsistence allowances which has already been to the petitioner with appropriate statutory and penal interest;

(iv) To direct the respondents to pay all the three increments which has been deducted from the salary of petitioner in pursuance to the order contained in memo no. 907 dated 10.11.2022 (Ann-1) with appropriate and statutory interest.

3. The brief facts of the case are that the petitioner was appointed as a Medical Officer in 1990 and was later posted in various locations, eventually taking charge of the Primary Health Centre (PHC), Chenari in Rohtas, Bihar. On 05.02.2004, Sohan Lal, Block Extension Educator, and Meena Devi, Lady Health Visitor, submitted their joining letter at the Primary Health Centre, Chenari, Rohtas. The petitioner informed the Civil Surgeon, Rohtas, about their joining at PHC, Chennari, Rohtas, and forwarded the details of their joining to the Director in Chief, Health Services, Bihar, Patna. The Director in Chief, Health Services, Bihar, Patna confirmed the transfer and posting of Sohan Lal and Meena Devi, and also approved their joining and directed for salary payment. The petitioner accepted the joining of both SohanLal and Meena Devi in accordance with the confirmations and directions issued by the Director in Chief, Health Services, Govt. of Bihar, Patna and Civil Surgeon, Rohtas.

4. The learned counsel for the petitioner submits that while the petitioner was discharging his duties as In-charge Medical Officer, PHC, Chennari, Rohtas, he received information that both Sohan Lal and Meena Devi were fictitious persons who joined on the basis of forged and fabricated letters. He immediately communicated this fact to the Officer-incharge, Chennari Police Station, Rohtas and requested for institution of an FIR against them. On the basis of the letter dated 06.11.2004, Chennari P.S. Case No.-69/2004 dated 06.11.2004 was instituted against Sohan Lal and Meena Devi and one Sanitary Inspector posted at PHC Chennari, who was instrumental in the above episodes. After the institution of the FIR, Sohan Lal, Meena Devi, and Arvind Kumar disappeared and never turned up at the PHC, Chennari, Rohtas. The petitioner came to know that by changing the name as Tetar Ram and Sheela Devi, the above said Sohan Lal and Meena Devi joined in Kaimur District by adopting fraudulent means. He further submits that surprisingly, the Civil Surgeon, Rohtas vide Memo No. 2902 dated 09.11.20224, issued show-cause notice to the petitioner regarding the illegal joining of Sohan Lal and Meena Devi and illegal withdrawal of their salary and the petitioner vide Memo No. 413 dated 17.11.2004, replied the show cause notice dated 09.11.2004 and explained the circumstances as well as the various orders pursuant to which the joining of Sohan Lal and Meena Devi was accepted by him. The petitioner