IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9085 of 2009 SMT.USHA KUMARI, wife of Sri Yogendra Prasad, resident of Village- Juhichak, P.S. Noorsarai, District-Nalanda.....Petitioner. Versus 1. The State of Bihar, through the Principal Secretary, Department of Health, Government of Bihar, Patna. 2. Additional Secretary, Department of Health, Government of Bihar, Patna. 3. Deputy Secretary, Department of Health, Government of Bihar, Patna. 4. Director-in-Chief, Health Services, Government of Bihar, Patna. 5. Civil Surgeon-cum-Chief Medical Officer, Nalanda at Biharshariff. 6. Civil Surgeon-cum-Chief Medical Officer, Bhojpur, Ara. 7. Incharge Medical Officer, Primary Health Centre, Noorsarai, Nalanda.................................................................Respondents. ------- 2. 7.8.2009. Heard counsel for the petitioner and counsel appearing for the State. Petitioner has prayed for quashing the part of letter contained in Memo No. 2145 dated 21.5.2008 issued by the Civil Surgeon-cum-Chief Medical Officer, Nalanda, whereby the payment of salary of the petitioner has been stopped with effect from September,2008. The Civil Surgeon-cum-Chief Medical Officer, Nalanda, has issued impugned order in compliance of the letter no.766(8) dated 7.5.2008 issued by the Deputy Secretary, Department of Health, Government of Bihar, Patna. Petitioner’s grievance is that in the name of fishing enquiry, she is being denied her salary, though still she is working on the post of Female Health Worker in A.N.M. School, Ara. Petitioner was appointed to the post of Female Health Worker and she gave her joining on the said post on 14.4.1988 at Udbantnagar Block, Bhojpur. Subsequently, she was transferred to the - 2 - office of the Civil Surgeon-cum-Chief Medical Officer, Nalanda at Biharsharif, where she joined on 23.10.1989. Suddenly, the petitioner was asked to submit all her documents relating to appointment before the Enquiry Committee constituted under the Chairmanship of the Additional Chief Medical Officer, Nalanda. By this letter, the Additional Chief Medical Officer, Nalanda, also directed not to make payment of salary to the employees against whom enquiry is going on. Petitioner’s grievance is that in the name of fishing enquiry which started in the year 2008, payment of her salary has been stopped. Counsel for the petitioner submits that salary payable to a government employee can not be withheld arbitrarily until a legal order has been passed in a departmental proceeding imposing the punishment of non-payment of salary or final order is passed after enquiry indicating illegality of appointment. Since, in case of the petitioner both the reasons are absent and she is still discharging her duties, payment of salary can not be stopped. Counsel for the State submits that as per his information the enquiry was initiated against several A.N.Ms. including the petitioner. Enquiry has been completed in respect of 14 A.N.Ms. So far the petitioner is concerned, enquiry is still going on. I find that the stand taken by the respondents for non- payment of salary to A.N.Ms. in the name of fishing enquiry is an act which can only be held to be illegal. A Government servant is entitled for salary till date he/she is discharging his/her duties. Unless, any legal and valid order is passed terminating the service or imposing - 3 - punishment of non-payment of salary is passed, there is no reason for stopping the payment of salary in the name of conducting enquiry regarding legality of appointment. Accordingly, this application is being allowed. The part of letter contained in Memo No. 2145 dated 21.5.2008 issued by the Civil Surgeon-cum-Chief Medical Officer, Nalanda, stopping payment of salary to the petitioner till disposal of enquiry is quashed. The respondent no. 5, Civil Surgeon-cum-Chief Medical Officer, Nalanda is directed to start payment of the salary to the petitioner immediately within two weeks from the date of production/communication of this order. Arrears of salary as well as current salary should be paid to the petitioner. All other consequential benefits including A.C.P., for which the petitioner is entitled, should also be paid to her. U.K. (Mridula Mishra,J)