IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8284 of 2007 Ram Prasad Ram, son of Sukhalu Ram, resident of Village Danara, P.S. Bikram, Dist. Patna. --------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Department of Health, Govt. of Bihar, Patna. 3. The Director in Chief, Health Services, Bihar, Patna. 4. Civil Surgeon cum Chief Medical Officer, Patna. 5. The Incharge Medical Officer, Naubatpur Referal Hospital, P.S. Naubatpur, Dist. Patna. -------- Respondents ----------- 2 26.09.2011 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Tez Bahadur Singh, learned AAG-7 for the State. In the considered opinion of this Court, the following grievance of the petitioner:- “1. That this is an application for issuance of an appropriate writ, order or direction for setting aside the order as contained in Memo no.11047 dated 1.11.06 issued under the signature of the Civil Surgeon cum Chief Medical Officer, Patna by which respondents passed the order that as from the month of September, 90 to 5.1.05 the petitioner was not present on his duty and has not discharged his duty and accordingly, claim of his salary for the said period is not justified as well as for further direction to the respondents to pay full salary to the petitioner with effect from 6.1.05.” could be made subject matter of judicial 2 review only if the petitioner would earn clean acquittal in the pending criminal case in which he has already been convicted by the trial court and his Cr. Appeal No.362 of 1995 is still said to be pending before this Court. That being so, this application is disposed of with a liberty to the petitioner to raise his claim as pressed in this application before the authority concerned only after favourable disposal of the Cr. Appeal No.362 of 1995. Rsh (Mihir Kumar Jha, J.)