IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8027 OF 2007 SNEH LATA DAS,W/O SHRI RAM PRAVESH SINGH, R/O VILLAGE CHATIYA, P.O. CHATIYA, P.S MALAHI, DISTRICT EAST CHAMPARAN. ----------PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER CUM SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3.THE DIRECTOR IN CHIEF, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MOTIHARI, EAST CHAMPARAN. 5.THE ADDITIONAL CHIEF MEDICAL OFFICER, MOTIHARI, EAST CHAMPARAN. 6.THE INCHARGE MEDICAL OFFICER, GOVERNMENT DISPENSARY, PRIMARY HEALTH CENTRE, PAHARPUR MOTIHARI EAST CHAMPARAN. 7.SHRI BHUNESHWAR PRASAD, ASSISTANT PRIMARY HEALTH CENTRE, PAHARPUR MOTIHARI, EAST CHAMPARAN. --------RESPONDENTS. ----------- 04/ 08.11.2011 Heard counsel for the parties. Assailing the impugned order dated 03.05.2007 as contained in Annexure-4, Mr. Ganpati Trivedi, learned counsel appearing on behalf of the petitioner has submitted that the reasons recorded as with regard to denial of payment of salary of the petitioner for the period from September 2004 till the date of her retirement i.e. 31.10.2007 is based on a report submitted by Civil Surgeon in his letter no. 659 dated 22.03.2007, copy whereof was never given to the petitioner before passing of the impugned order. He would further assert 2 that if the petitioner is given opportunity she can still produce advance copies of tour programme, tour diary, absentee statement and the report as with regard to discharge of duty by the petitioner. Keeping in view that the payment of salary for a period of more than three years (September 2004 to 31.10.2007) by itself is a severe punishment which can also adversely affect her in getting her full retirement benefits, this Court by way of another indulgence would give the petitioner an opportunity to produce the documents in the Office of Civil Surgeon, East Champaran, who having made verification of the same would submit his fresh report either by way of reaffirming his earlier report contained in letter no. 659 dated 22.03.2007. The Civil Surgeon shall also submit the documents submitted by the petitioner in support of her claim for payment of salary for the aforementioned period with his report as indicated above within a period of three years from the date of receipt/production of a copy of this order by him and the Director-in-chief, Health Services would 3 thereafter take his final decision in next three months from the date of receipt of such report of the Civil Surgeon, East Champaran. It is however, made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner but has simply remitted the matter back on an assumption that after filing of the representation of the petitioner in pursuance of the earlier direction of this Court, the Director-in-chief had called for a report from the Civil Surgeon and had acted upon the same, he had to give opportunity to the petitioner to rebuttle any adverse aspect as raised in the report of the Civil Surgeon. It is only on this ground, this Court has remitted the matter back to the Director-in-chief of the Health Services to do the needful in the manner indicated above. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)