IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6091 of 2009 SUMILA KUMARI Versus THE STATE OF BIHAR &ORS ----------- 2/ 14/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. The grievance in this application is against an order dated 13.4.2009 directing stoppage of salary pending enquiry into the qualifications of the petitioner in pursuance of which she came to be appointed on 11.12.2006. There shall be a presumption of verification of qualifications of a person at the time of appointment. Nonetheless, nothing precludes the respondents in appropriate cases from even examining the same at a subsequent stage if circumstances so warrant, in accordance with law. But, such an enquiry with regard to a person already appointed and working canot be justified in law by itself to stop salary if otherwise duties are being discharged. Such payment of salary cannot have any legal effect on the purported enquiry being held on the qualifications. The two are separate matters. Salary can be stopped only in accordance with law under the Service Rules or as a measure of punishment and lastly 2 if termination follows. The writ application is, therefore, disposed with the observation that the respondents are required to consider the issue of payment of salary to the petitioner in light of the discussions as aforesaid strictly in accordance with law. Let this order be complied with within a maximum period of two months from the date of receipt/production of a copy of this order. KC ( Navin Sinha, J.)