IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2559 of 2010 1. LEAYAQUAT KARIM S/O SAADAT KARIM R/O VILL.- KARIM MANZIL, P.O.- DANAPUR, P.S.- SAGUNA, DANAPUR CANTT., DISTT.- PATNA, BIHAR Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI 2. COMMANDER, HEAD QUARTER JHARKHAND, ORISSA, BIHAR SUB-AREA, DANAPUR CANT. 3. OMESH SINGH RATHOR, LEUTINENT COLONEL OFFICER COMMANDING 298 (I), SUPPLY PLATOON ASC, DANAPUR CANTT. 4. ASSISTANT DIRECTOR, SUPPLY & TRANSPORT HEAD QUARTER JHARKHAND, ORISSA, BIHAR, SUB-AREA, DANAPUR CANTT. ----------- 04/ 12.03.2010 Heard learned counsel for the petitioner and the counsel for the Union of India. 2. Petitioner is an employee of the Regimental Institution for issue of L.P.G. Cylinder on payment which is situate within Danapur Cantonment, as is evident from the appointment letter dated 2.2.1998 issued under the signature of Major, Officer Commanding, Supply Depot Gas Agency ASC, Danapur Cantonment. He has filed the writ application praying, inter alia, to direct the authorities of the Cantonment not to restrain him from discharging the duties which is entrusted to him as an employee of the Supply Depot Gas Agency, as according to him without there being any written instruction to restrain him, he cannot be verbally restrained by the present Officer Commanding, Respondent no.3 from entering into the premises of the Supply Depot Gas Agency. 3. This Court permitted the counsel for the Union of 2 India to seek instruction in the matter and learned Assistant Solicitor General has informed this Court that till date no order restraining the petitioner from entering into the premises of Supply Depot Gas Agency has been issued and served on the petitioner and until he is restrained by any valid order which is served on him, he is at liberty to visit the premises of the gas agency. 4. In view of the aforesaid statement made by the learned Assistant Solicitor General, petitioner is at liberty to visit the premises of the Supply Depot Gas Agency. Any arrears of salary due to the petitioner be also paid to him until any valid order is passed restraining him from entering into the premises of the gas agency. 5. This application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)