IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.5114 OF 2007 AHMADI BEGAM, W/O MD. ANIS, R/O MOHALLA GANJ NO. 2 GUAM RAM CHOUK, P.O. AND PS. BETTIAH DISTRICT WEST CHAMPARAN. …………………PETITIONER. VERSUS THE STATE OF BIHAR. 2.SECRETARY TO GOVT. OF BIHAR, DEPARTMENT OF HEALTH, BIHAR, PATNA. 3.THE COMMISSIONER, HEALTH SERVICES, BIHAR PATNA. 4.THE DIRECTOR IN CHIEF OF HEALTH SERVICES, BIHAR, PATNA. 5.THE CIVIL SURGEON, WEST CHAMPARAN, BETTIAH. 6.THE MEDICAL OFFICER, (INCHARGE) PRIMARY HEALTH CENTRE, THAKRAHA, WEST CHAMPARAN. 7.THE MEDICAL OFFICER, AMDABAD, DISTRICT KATIHAR. ………………………RESPONDENTS. ------------ 03/ 24.08.2011 Heard counsel for the parties. Having regard to the fact that the petitioner’s prayer in this writ application for acceptance of her joining and payment of her salary since, 17.12.2004 would squarely depend on the outcome of the Departmental Proceeding initiated against her vide memo of charge contained in letter no. 2005 dated 29.12.2007 of Civil Surgeon cum Chief Medical Officer, West Champaran, Bettiah in which an Inquiry Report had already been submitted by Dr. Arun Kumar Jha, Deputy Director of Health Services, Government of 2 Bihar, Patna on 14.07.2010, this Court would direct the Director in Chief of the Health Services to take a final decision in the Departmental Proceeding against the petitioner. The acceptance of joining of the petitioner as also the payment of salary would also remain dependent on the outcome of the final result including the final order passed by the Director in Chief of the Health Services. As the Inquiry Report had already been submitted to the Director in Chief of the Health Services on 14.07.2010, this Court would direct that if a final decision has not been taken as yet by the Director in Chief of Health Services, the same must be taken by him within a period of four months from the date of receipt/production of a copy of this order. Let it be however made clear that this Court has not gone into the merits of the charges or defence of the petitioner and therefore, it would be open for the Director in Chief to take his final decision strictly in accordance with law. 3 With the aforesaid observations and directions this writ application is disposed of. (Mihir Kumar Jha, J) Ranjan