IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.7491 of 2009 Smt. Suvida Kumari, wife of Sri Subhash Chandra Prasad Singh, resident of village Sinduara, P.S. Chandi, 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 Biharsharif 6. Incharge Medical Officer, Primary Health Centre, Chandi, Nalanda 7. Incharge Medical Officer, Primary Health Centre, Bind, Nalanda .. Respondents **** /2/ 07.07.2009 Heard the counsel for the petitioner and the State. 2. Petitioner is working on the post of A.N.M. at Primary Health Centre, Bind, Nalanda. Her grievance is that for no rhyme and reason payment of salary from May, 2008, has been stopped. Salary has been stopped in the name of some enquiry to examine the validity and genuineness of her appointment. Petitioner has prayed for quashing part of the letter, contained in Memo No. 2145, dated 21.05.2008, and part of consequential order, contained in Memo No. 439, dated 03.06.2008 (Annexures 7 and 8) in compliance of which her salary has been stopped. Petitioner was appointed 2 to the post of A.N.M. vide order, contained in Memo No. 1914, dated 20.07.1989. Since, then she is continuously working and has been transferred from one place to another. During all these period genuineness of her appointment has been examined on different occasions and found to be a valid and legal appointment. After so many years, again, on account of orders, contained in Annexure 7 and 8, in the name of fishing enquiry, her salary has been stopped though she is continuously working on the post. 3. Counsel for the petitioner submits that similar matter has been decided by this Court in C.W.J.C. No. 5485 of 2009 where it has been held that though the State as an employer has got every right to enquire into the legality and validity of the appointment of it’s employee, but, it has no right to stop payment of salary in the name of fishing enquiry after many years of appointment, specially when employee is working and discharging his/her duties. Salary can be withheld only in accordance with the service rules or as a punishment in pursuance of any proceeding. Admittedly, till date petitioner has not been awarded any punishment in the light of the order passed in any departmental proceeding. She is still continuing in her service, as such, entitled for her 3 salary and all consequential benefits on account of remaining in service. 4. This application is being disposed off by directing the Civil Surgeon-cum-Chief Medical Officer, Nalanda at Biharsharif, to make payment of arrears of salary to the petitioner and continue to make payment of salary with all consequential benefits. The impugned orders, contained in Annexures 7 and 8 are quashed. Cp:2/S.A. (Mridula Mishra, J.)