IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8248 of 2009 1.SMT.SARSWATI KUMARI widow of Late Surendra Prasad, resident of Village & P.O. Kokalakchak P.S.Noor Sarai District Nalanda at present posted as A.N.M. in Primary Health Centre, Malti within Asthawan Block, District Nalanda. 2.Smt. Kumari Bibha Sinha wife of Sri Sahdeo Prasad, resident of Village Basban Bigha P.O. Ben, P.S.Silao (Ben) District Nalanda at present posted as A.N.M. in Primary heatlh Centre, Tharthari within Tharthari Block in the district of Nalanda. Versus 1.THE STATE OF BIHAR 2.Principal Secretary, Health Department, Govt. of Bihar, Patna. 3.Director, Health Services, Bihar, Patna. 4.Deputy Secretary, Health Department,Government of Bihar, Patna. 5.Regional Deputy Director, Health Services, Bihar, Patna. 6.Civil Surgeon-cum-Chief Medical Officer, Nalanda. 7.Incharge Medical Officer, Primary Health Centre, Nagarnausa District Nalanda. 8.Incharge Medical Officer, Primary Health Sub Centre, Nalti Asthawan, District Nalanda. 9.Incharge Medical Officer,Primary Health Centre, Tharthari, District Nalanda. 10.Accountant General, Bihar, Patna. ----------- 2 17.7.2009. Heard counsel for the petitioners and the State. Petitioner no.1 and 2 are working as A.N.M. in Primary Health Centre Asthawan Block and Primary Health Centre Tharthari block in the district of Nalanda. Their salary has been stopped by the respondents since June 2008. An order was issued directing the Civil Surgeon-cum- of the concerned district to stop payment of salary to some of the A.N.Ms. in respect of whose appointment enquiry was to be conducted regarding the genuineness of the certificate on the basis of which appointments were made. Counsel for the petitioners submits that a committee was constituted for conducting enquiry and the report has duly been 2 submitted by the enquiry committee. So far appointment of petitioners is concerned it has been certified to be genuine. The enquiry committee has also directed to recall such order whereby payment of salary to the petitioners and similarly situated persons were stopped. The committee as per report has also recommended for making payment of arrears as well as current salary to the petitioners and similarly situated persons. Grievance of the petitioners is that despite completion of enquiry with specific direction to re-start payment of salary to the petitioners, it is still not being done by the concerned Civil Surgeon and other connected authorities. In the similar situation directions have been issued to the Civil Surgeon of the concerned district for making payment of salary, arrears as well as current as the action of the respondents is highly illegal and arbitrary. The salary may not be stopped even for the purpose of enquiry unless the charges are proved and appointment found to be illegal. However, the respondents have indulged in such arbitrary act. Now they should start making arrears of salary as well as current salary to the petitioners immediately on production/ communication of this orders. This application is allowed.l Sss/- (Mridula Mishra, J)