RADHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in these two writ petitions relates to payment of salary and the point for consideration is whether pending enquiry as to genuineness of the appointment salary can be stopped to the employees.

(2.) THE facts of CWJC No. 11516/2001 briefly stated are that the petitioner upon successful completion of her Auxiliary Nursing and Midwifery training course at Sitamarhi and registration with the Bihar Nurses Registration Council, was appointed as Auxiliary Nurse and Midwife (ANM) on 13.12.1982. THE appointment was made by the Deputy Director Health Services (Family Welfare) from a panel in which name of the petitioner was at serial No. 184. She was placed at the disposal of the Civil Surgeon-cum-Chief Medical Officer, Sitamarhi and was posted at Primary Health Centre, Belsund. Later on 7.9.1990, on her representation on the ground of her husband's posting at Baniapur in the district of Saran, her service was placed at the disposal of Civil Surgeon-cum-Chief Medical Officer, Saran on transfer. On 16.10.1990 she was relieved by the Incharge Medial Officer, Primary Health Centre, Belsand. On her joining the office of Civil Surgeon-cum-Chief Medial Officer, Saran she was posted at Primary Health Centre, Baniapur. THE petitioner has been working there since then. All on a sudden on 15.3.2001 a general notice was issued vide Memo No. 215(4) of the Secretary, Department of Health Medical Education and Family Welfare calling upon persons concerned to submit show cause within a week as to why their appointment be not cancelled. THE notice mentioned that their appointment had been found to be doubtful in the enquiry. THE name of the petitioner figured at serial No. 102 of the list. In the copy portion of the notice the concerned Civil Surgeons, namely, Civil Surgeons of Saran, Siwan and Gopalganj districts were directed not to take work from the persons concerned or to pay salary to them. THEy were also directed to forward the show cause to be filed by the concerned persons along with the comments and names of the persons who had made the impugned appointments. Pursuant to the said notice/order salary of the petitioner has been stopped and she has been prohibited from working.

(3.) THE case of the respondents is that en receipt of complaints regarding large scale illegal/irregular appointments in the Health Department in the districts of Saran, Siwan and Gopalganj and elsewhere, the Chief Secretary, Government of Bihar, vide his letter dated 19.6.1999 directed the Divisional Commissioners, to make enquiry. THE Divisional Commissioner, Saran identified the persons whose appointments were doubtful. THEir names were forwarded to the Health Department. In these circumstances, on 15.3.2001 direction was issued to make full-fledged enquiry in respect of the validity or otherwise of the appointment of the persons concerned with a further direction not to pay salary or take work from them.