IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2405 of 2011 Dr.Vakil Chauhan, son of late Ram Prayag Chauhan, resident of village Jalhara, P.O.Jalhara, District Buxar, at present posted as Medical Officer, Primary Health Centre (P.H.C.), Guthani, District Siwan----------petitioner Versus 1.The State of Bihar 2.The Secretary, Department of Health, Govt. of Bihar 3.The Director-in-Chief, Department of Health, Patna 4.The Regional Deputy Director, Health Services, Saran Division, Chapra 5.The District Magistrate, Siwan 6.The Civil Surgeon-cum-Chief Medical Officer, Siwan 7.Dr.Maniraj Ranjan, In-charge Medical Officer, Primary Health Centre, Jeeradai (Siwan) in additional charge of In-charge Medical Officer, Primary Health Centre, Guthani (Siwan)--------------------------respondents ----------- For the petitioner :Mr.Kumar Praveen, Advocate For the State :Mr.Dhurandhar Pd.Choudhary, SC 2 ------ 6. 19.10.2011 The petitioner has come to this Court for quashing the order dated 19.12.2010 by which the respondent No.7 has been appointed as In-charge Medical Officer of Primary Health Centre, Guthani although he is already holding charge of In-charge, Medical Officer, Primary Health Centre, Jeeradai. The reason for the same appears to be public petition in which various illegalities and mis- management have been alleged in running of the said Primary Health Centre. The additional facts stated in I.A.No.6403 of 2011 filed by the petitioner are that subsequent to the impugned order one Pramod Kumar Gupta, the senior-most Doctor in the P.H.C., Guthani was made In-charge Medical Officer 2 in place of respondent No.7. Again by order dated 7.9.2011 the Civil Surgeon-cum-Chief Medical Officer, Siwan has removed the said Dr.Pramod Kumar Gupta and appointed the petitioner as the In-charge. The said order was stayed by order dated 10.9.2011 passed by the Regional Deputy Director, Health Services, Saran Division, Chapra on the ground that there were various allegations against the petitioner and the matter was being enquired by the Commissioner, Saran Division, Chapra. In the aforesaid facts and situation it does not appear to be a case where any relief can be granted to the petitioner with respect to either the earlier impugned order dated 19.12.2010 or the order dated 10.9.2011 passed by the R.D.D. The order dated 7.9.2011 of the Civil Surgeon-cum- Chief Medical Officer, Siwan has been stayed by order dated 10.9.2011 of the Regional Deputy Director, Health Services, Saran Division, Chapra until the decision of the Commissioner is communicated with respect to the allegations against the petitioner. In that view of the matter, the writ application is disposed of with a direction to the Commissioner, Saran 3 Division, Chapra to conclude the enquiry into the matter within a period of two months from the date of receipt/production of a copy of this order, so that the said Primary Health Centre may function properly by making appropriate arrangements in terms of the decision/report of the Commissioner. At this stage, learned counsel for the petitioner submits that the salary of the petitioner has been stopped since 20.4.2011 without there being any order of suspension on the record or any other reason shown for the same. In my view, the salary of a Government employee cannot be stopped until he is placed under suspension and in that event he would be entitled to subsistence allowance. Accordingly, the authorities are directed to ensure that the arrears of salary is paid to the petitioner subject to the petitioner having worked on the said post during the period. (Ramesh Kumar Datta,J.) Spal/