IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11303 of 2010 1. SAVITRI KUMARI W/O SRI KUMAR SINGH R/O VILL.- ADARSH NAGAR (NEAR HARIJAN HOSTEL), P.S.- HASPURA, DISTT.- AURANGABAD. VERSUS 1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 2. THE DIRECTOR, HEALTH SERVICES, BIHAR, PATNA 3. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, AURANGABAD 4. THE ADDITIONAL CHIEF MEDICAL OFFICER, AURANGABAD 5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, HASPURA, DISTT.- AURANGABAD ----------- 02 06.08.2010 The petitioner is a Female Health Worker under the Government working at Additional Primary Health Centre Chehuta, Haspura, Aurangabad. She was put under suspension by the order of the Chief Medical Officer-cum-Civil Surgeon, Aurangabad vide his order dated 17.11.2009. Her grievance is that in the proceedings that were started on charges of alleged unauthorized sale of Government medicines, an F.I.R. was lodged against the petitioner and consequent to suspension an enquiry had been ordered. In the enquiry, petitioner has been found not guilty as also in the criminal case police has already submitted a final form. The enquiry report and the final form having been submitted, but no order has been passed either dropping the proceeding or revoking the suspension. Petitioner also makes a grievance that even though the suspension order was passed on 17.11.2009 but till today she has not been paid her subsistence allowance. - 2 - Ordinarily, these facts have persuaded this Court to set aside the suspension order here and now. It is advisable to the petitioner to move the Chief Medical Officer-cum-Civil Surgeon, Aurangabad along with a copy of order of this Court and file a representation for revocation of suspension. The Chief Medical Officer-cum-Civil Surgeon, Aurangabad would ensure that within 15 days of production of a copy of this order the entire subsistence allowance payable to the petitioner from the time of suspension till date would be paid and it would be his responsibility. The enquiry report having been submitted, the Chief Medical Officer-cum-Civil Surgeon, Aurangabad is bound to take decision either way immediately which also should have been taken within 15 days whether to continue with suspension and/or to conclude the departmental proceedings. It would be open to the Officer concerned to pass appropriate orders in this regard in accordance with law but the orders must be passed within 15 days, failing which the suspension of petitioner would stand revoked with all consequences. With the aforesaid observations and directions, the writ petition, thus, stands disposed of. Trivedi (Navaniti Prasad Singh, J.)