IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10513 of 2007 LATA SINHA, D/O LATE DR. CHANDESHWAR PRASAD SINHA, R/O JAIDEEP TWIN TOWER EAST 301, SOUTH GANDHI MAIDAN, PATNA. …………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 3. THE UNDER SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 4. THE DEPUTY SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 5. THE DIRECTOR, PUBLIC HEALTH INSTITUTE, PATNA, P.S.-PIRBAHORE, ASHOK RAJ PATH, PATNA- 3. ………………RESPONDENTS. ----------- 2 31.03.2010 Petitioner had filed this writ application for a direction to the respondents for payment of her salary of two periods i.e. from May 2001 to 11.1.2004 and from 12.1.2004 to 25.2.2004. It is submitted by learned counsel for the petitioner that the salary of the petitioner of the period 12.1.2004 to 25.2.2004 has been paid to her. However, in respect of salary of the period May 2001 to 11.1.2004 the same remains due. A counter affidavit has been filed and it is stated that salary of the period May 2001 to 11.1.2004 was stopped on the orders of the District Magistrate, Aurangabad vide his letter no. 2001 dated 5.2.2001 and letter no. 2005 dated 5.9.2001. It is stated that on account of 2 unauthorized absence of the petitioner her salary was ordered to be stopped. A rejoinder has been filed by the petitioner and documents have been produced from which it appears that on account of her unauthorized absence proceeding was held and final orders have been passed on the same awarding him punishment of censor only. In the final order there is no mention with regard to withholding of the salary of the petitioner of the period or curtailing it in any respect. Therefore, it appears that there is no valid order of withholding of salary of the petitioner of the period May 2001 to 11.1.2004. Now that the departmental proceeding has concluded with punishment of censor only the salary of the petitioner of the period cannot be stopped on the ground of the same also. In the circumstances, the petitioner will file a formal application before respondent no. 5, the Director, Public Health Institute, Patna for release of salary of the period within two weeks from today. The respondent no. 5 shall consider the same and if he finds that there is no valid order for withholding of the salary of 3 the said period of the petitioner passed in accordance with law, he shall pass orders for release of the salary of the period within one month thereafter. The writ application is disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)