IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12956 of 2009 RAJ KUMARI SINHA . Versus THE STATE OF BIHAR & ORS . ----------- 2 04.01.2010 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner is working on the post of Auxiliary Nurse Midwifery. Her grievance is that in the name of fishing inquiry payment of salary has been stopped since November, 2008 as per the direction contained in Memo no. 10082 dated 24. 12.2008. Petitioner was appointed on the post of A.N.M. in the year 1983 since then she is regularly discharging her duties. Since the date of her appointment till date she has been transferred to different places, where she has worked to the satisfaction of concerned authorities and there was no reason for stopping payment of salary. By the impugned order contained in Memo No. 10082 dated 24.12.2008 a direction has been issued not to make payment of salary till the inquiry regarding genuineness of petitioner’s appointment is concluded. In the name of inquiry, payment of salary cannot be stopped if the employee has not been put under suspension or has been imposed punishment in the departmental inquiry. The petitioner, since she is 2 still discharging her duties, there is no reason for stoppage of payment of salary. Accordingly, this application is allowed. Payment of arrears of salary of the petitioner which has been stopped since November, 2008 should be paid. Petitioner should also be paid month to month current salary without any interruption in the name of inquiry, whatever be the result of the inquiry. Accordingly, the respondents are free to pass any order in favour of the petitioner or against the petitioner later on. (Mridula Mishra,J.) A.Kumar