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2002 Supreme(Pat) 814

T.P.SINGH, S.N.JHA
Radha Kumari – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.N.Jha, J.

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, Belsand. Later on 7.9.1990, on her representation on the ground of her husbands 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 Medical Officer, Primary Health Centre, Belsand. On her joining the office of Civil Surgeon- cum-Chief Medical Officer, S



























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