IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5485 of 2009 SMT.SUSHMA KUMARI & ANR Versus THE STATE OF BIHAR & ORS ----------- 2. 29.4.2009 Heard learned counsel for the petitioners and the State. It is the case of the petitioners that they were appointed as Auxiliary Nurse Midwife in accordance with law in the year 1988. Their salary has been stopped on 17.6.2008 nearly 20 years later on a purported fishing enquiry with regard to the validity of their appointment. Learned counsel of the State sought to defend the impugned order on the ground that an employer could not be precluded from verifying the validity of the appointment at any stage. While there can be no quarrel with the proposition made by the learned counsel for the State, the respondents shall be equally answerable for their actions as to why they permitted an illegal appointee to continue in service for twenty years and paid wages. They cannot be permitted to wake up suddenly one day, at their whims and fancies and seek to reopen matters twenty years old unless there be grave and compelling justification for the same. Salary cannot be stopped merely for reasons of a fishing enquiry proposed twenty years after the appointment. Salary can be withheld only in accordance with the service rules or as a punishment in pursuance of any proceeding. This writ application is allowed with a direction that the respondents are required to pay the salary of the petitioners in - 2 - accordance with law based on aforesaid discussion. This shall be without prejudice to the rights of the respondents as discussed above. Let the order be complied with in all aspects as prayed in Paragraph 1 of the writ application within a maximum period of three months from the date of receipt/production of a copy of this order. P. Kumar (Navin Sinha, J.)