IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11674 of 2010 SUNITA SINHA, D/O Sri Ram Baran Sinha, W/O Sri Shiv Kumar Prasad, R/O Village- Salalpur, P.S.- Dahiyawan, Distt- Patna. ………Petitioner. Versus 1. THE STATE OF BIHAR through the 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, Hilsa. ……….Respondents. ----------- 2 23.03.2011 Petitioner claims that she is working on the post of Auxiliary Nurse Midwifery (A.N.M.). By virtue of the order contained in Annexure 3, dated 26.06.2010, payment of salary has been stopped pending some inquiry on the validity of her appointment as such. Submission of learned senior counsel for the petitioner is that the respondents cannot stop payment to the petitioner pending inquiry because inquiry cannot be made a ground for non- payment at least when the petitioner has been performing her duty. In support of such submission attention of the Court has been drawn to two orders which have been passed by a learned Single Judge annexed as Annexure 4 and 6 to the writ application. In similar circumstances direction has been given to make payment to those petitioners during pendency of inquiry as the same cannot be made a reason for withholding of salary. Since in similar matters, directions have been issued for payment of salary, writ application is disposed of with the direction upon Civil Surgeon-cum-Chief Medical Officer, Nalanda 2 that payment of salary would be made to the petitioner for the period she has been working without any let or hindrance, subject to the final outcome of the inquiry which is being made against the petitioner. The Court is of the opinion that it will be in the interest of administration if the inquiry is expedited and brought to an end and the uncertainty of this kind is brought to rest. This writ application is disposed of with the direction that payment be made within the period of six weeks from the date of production of a copy of the order. Bhardwaj/ ( Ajay Kumar Tripathi, J.)