IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13122 of 2008 Madhuri Kumari, Daughter of Shri Kriti Singh, wife of Shri Arbind Kumar, resident of Village – Jamalpur, P.O. Pratappur, P.S. Tharthari, District Nalanda…………………………………………………………………………………Petitioner Versus 1. The State Of Bihar through the Secretary, Department of Health & Family Welfare, Patna. 2. Director-in-Chief, Health Services, Biahr, Patna. 3. Civil Surgeon-cum-Chief Medical Officer, Bhojpur, Ara. 4. Civil Surgeon-cum-Chief Medical Officer, Nalanda at Biharsharif. 5. Medical Officer, Incharge Primary Health Centre, Chandi, District-Nalanda 6. Medical Officer, Incharge Primary Health Centre, Tharthari, District Nalanda…………………………………………………………….………….Respondents ----------- 2 17.09.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. In this writ application, petitioner has prayed for quashing of Annexure-5, an order of the Incharge Medical Officer, Primary Health Centre dated 17.06.2008 by which salary of six A.N.Ms including the petitioner was stopped in contemplation of an enquiry with regard to the illegality of their appointment. Learned counsel for the petitioner submits that the enquiry has not been completed till now, still their salary has not been paid as yet. 2 A counter affidavit has been filed in which it is stated that the petitioner was required to furnish documents which she did not do and, therefore, enquiry could not be completed. Learned counsel for the petitioner has drawn the attention of this Court to paragraph 11 of the writ application where it is stated that on being asked, she submitted all relevant documents and papers with respondent no.6. Be that as it may, since two years have passed and salary of the petitioner is still not being paid, this Court directs the respondent-Civil Surgeon-cum-Chief Medical Officer, Bhojpur, Ara to ensure that the enquiry is completed and final orders are passed within two months from the date of receipt/production of a copy of this order. If the petitioner does not co-operate in the enquiry, respondent shall proceed ex parte and pass final orders within the aforesaid period. In case final orders are not passed by the respondent, petitioner shall be entitled to her salary on expiry of two months. In that eventuality, she shall be paid her arrears of salary also. 3 The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)