IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 1734 of 2023 ======================================================

Dr Binod Singh @ Binod Singh Son of Late Jagdish Singh, Resident of Mohalla- Ashok Nagar, Road No. 11, Flat No. 304, Raj Ram Mohan Roy Apartment, P.S. Kankarbagh, P.O. Lohia Nagar, District and Town- Patna, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar represented through the Additional Chief Secretary, Health Department, Government of Bihar, Patna.

2. The Joint Secretary, Health Department, Government of Bihar, Patna.

3. The Under Secretary, Health Department, Government of Bihar, Patna.

4. The Indigenous Medicine, Government of Bihar, Patna.

5. The Deputy Director (Homeopath), Indigenous Medicine, Government of Bihar, Patna.

6. The Bihar State Homeopathic Board, Kadamkuan, Patna through its Registrar, the President, Bihar State Homeopathic Board, Kadamkuan, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr Mrigank Mauli, Sr Advocate with M/s Radha Mohan Singh, Navin Kr Singh, Advocates For the Respondent/s : Mr Mujtabaul Haque, GP XII with Mr Manish Kr, AC to GP XII ======================================================

CORAM: HONOURABLE MR JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 11-02-2026 Heard the parties.

2 The present writ petition has been filed for the following reliefs:

“a To quash and set aside (Annexure P/20)

the rejection of appeal order dated the 17^th May 2016 (Memo No 576) [received by the petitioner in the month of November of 2022 from the office] issued under the signature of the Under Secretary of the Health Department, Government of Bihar, Patna whereby and whereunder the appeal dated 7 August, 2013 (Annexure P/14) was rejected in compliance of the order dated 27 August, 2014 (Annexure P/17) passed in CWJC No 12677 of 2014 filed by the petitioner under a non-reasoned and cryptic order.

b To quash and set aside Annexure P/12 i e the order of punishment dated 20^th May 2013 (Notification No 482) whereby and where under a punishment of censure as also withholding of five annual increment with cumulative effect (major penalty) was imposed upon the petitioner contrary to the mandate of law.

c To direct for refund of the deducted annual increment (s) as a consequence of setting aside of the punishment order with interest.

d To declare that the enquiry report dated 21^st May 2012 (Annexure P/9) is in accordance with law which proved that no misconduct was committed by the petitioner.

e Any other relief or reliefs which the petitioner be found entitled with the facts and circumstances of the case.

f Cost of this litigation.

g Compensation for mental agony and losses sustained by this petitioner.”

3 At the outset, learned Senior Counsel for the petitioner submits that while the petitioner was working as Government Homeopathic doctor, he was assigned the additional charge of Registrar of the Bihar State Homeopathic Board (for brevity, the Board) by an order contained in Memo No 751 dated 16.07.2008 issued by the Health Department, Government of Bihar, Patna. While he was working on the said post, in February 2011 a complaint was filed by one Dr Prashant Banerjee of Kolkata on 18.02.2011 and 21.02.2011, upon which an inspection with respect to the affairs of the Board was carried out by the Deputy Director (Homeopath), Indigenous Medicine Directorate, Bihar, Patna who submitted his ex parte report dated 24.02.2011 contained in Memo No 43. Based on the above mentioned report, a show cause notice was issued vide Memo No 254 dated 24.03.2011 under the signature of the Joint Secretary, Department of Health, Government of Bihar, Patna on ten charges mentioned therein. The petitioner submitted his show cause reply on 06.04.2011 by denying each and every charge and gave reason for his denial.

4 It has further been submitted by the learned Senior counsel for the petitioner that in the meantime, the petitioner was put under susp