IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 5933 of 2010 1. NEELAM KUMARI (A.N.M.) W/O SHAMSHER BAHADUR SINGH DEPUTY HEALTH CENTRE SANDHILA, P.S. BUXAR (M), DISTT-BUXAR Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER , HEALTH DEPARTMENT PATNA 2. THE CIVIL SURGEON -CUM-CHIEF MEDICAL OFFICER BUXAR, DISTT- BUXAR 3. THE INCHARGE MEDICAL OFFICER CIRCLE DIVISION , BUXAR, DISTT-BUXAR 4. THE DISTRICT MAGISTRATE BUXAR 5. THE DISTRICT PROGRAMME OFFICER BUXAR ----------- 2 02.11.2010 The petitioner is an ANM and posted at Sadar Block – Buxar in the Primary Health Centre. She has been suspended by the order of the Civil Surgeon –cum- Chief Medical Officer, Buxar dated 28.01.2010 (Annexure-1). She challenges the aforesaid order. I have perused the order as impugned. It gives the reason why suspension is being ordered and departmental proceedings being initiated. The order specifically states that the petitioner would be entitled to subsistence allowance. In view of the facts, as noted in the order, I am not inclined to interfere in the matter. The petitioner may pursue the matter in the departmental proceedings in accordance with law. However, the petitioner urges that contrary to the order of the Civil Surgeon himself, till date, she has not received any subsistence allowance nor any departmental proceedings have been initiated. No chargesheet has yet been served upon her. She has been moved, during pendency of the departmental proceedings, to Primary Health Centre, Nawanagar. Having considered this latter part of the matter, I direct the 2 Civil Surgeon –cum- Chief Medical Officer, Buxar to ensure payment of full subsistence allowance for the entire period, if not already paid within 15 days from today. He would also ensure that within the same period, charges are framed and served on the petitioner accordingly. If either of them is not done, the suspension would be deemed to be revoked with immediate effect. The departmental proceedings must conclude thereafter expeditiously not later than six months from the date charges are served on the petitioner. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)