IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11365 of 2009 MANJU SINHA, W/o Ramanand Prasad, D/o Ram Prasad Sinha, resident of village – Kukhariya, P.S. Chandi, District – Nalanda. …. Petitioner. Versus 1. THE STATE OF BIHAR through Secretary –cum- Commissioner, Department of Health, Bihar, Patna. 2. Deputy Director, Health Services (Training), Bihar, Patna. 3. Civil Surgeon –cum- Chief Medical Officer, Nalanda. 4. In charge Medical Officer, Primary Health Centre, Nagarnausa (Chandi), Nalanda. …. Respondents. --------- 03/ 09.11.2009 Heard counsel for the petitioner and counsel appearing for the State. As per the direction of this Court Civil Surgeon – cum- Chief Medical Officer, Nalanda is physically present. Counter affidavit has been filed on behalf of Civil Surgeon –cum – Chief Medical Officer, Nalanda, where it has been admitted that the enquiry, which was being conducted against the petitioner on the direction of the Deputy Secretary, Health Services, Bihar, Patna, was completed on 9.8.2008 itself and the report has duly been communicated to the Deputy Secretary, Bihar, Patna to release the salary of the petitioner. It has been stated in the counter affidavit that till date reply has not been received from the Deputy Secretary, Health Services and that is the reason that no payment is made. I fail to understand that under which provision the - 2 - respondent authorities working in the Health Department are taking such action, like non-payment of salary when admittedly the persons like the petitioner are still working, discharged their duties and till now their appointments have not been declared as illegal, forged or invalid. In the counter affidavit it has been stated that petitioner has been paid her salary on 4th November, 2009. It shows that the delay in payment of the petitioner was made without any cogent reason. Since the payment has been made to the petitioner, as such the dispute relating to petitioner has come to end, but that itself is not sufficient. The Civil Surgeon –cum- Chief Medical Officer, Nalanda will have to see that all such similarly situated persons, with regard to whom an illegal order, like non-payment of salary during pendency of the enquiry has been issued, in whose cases even after payment of the petitioner, payment has not been made, must be paid their salary at once. This writ application is disposed of. Personal appearance of Civil Surgeon –cum- Chief Medical Officer, Nalanda is dispensed with. DKS/ (Mridula Mishra, J.)