IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3497 of 2009 Roy Ram Lala Versus The State Of Bihar & Ors ----------- For the Petitioner : M/s Surendra Kr. Singh with Sudha Chandra,Advocates For the State : Sc 3 -------- 3. 14.07.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner, a Labour Enforcement Officer, seeks the relief for release of his salary pertaining to the period January 2004 to June 2005. Learned Counsel for the petitioner submits that letter dated 21.10.2006 of the Sub Divisional Officer, Sadar, Arrah, addressed to the Labour Inspector, Siwan along with letter dated 2.1.2006 of the Assistant Labour Commissioner Chapra cum Drawing and Disbursing Officer addressed to the Commissioner, Patna, read along with letter dated 14.7.2006 of the Labour Inspector, Siwan addressed to the Commissioner, are per se more than sufficient evidence that the petitioner after his orders of transfer was asked to stay back at Arrah by the District Magistrate. Additionally reliance is placed on the letters of the District Magistrate dated 5.8.2003, 4.3.2004 and 25.6.2004 etc. A counter affidavit has been filed by the Labour Superintendent. The entire tenor of the counter affidavit is that controlling the services of the petitioner was the jurisdiction and authority of the Labour Commissioner. The District Magistrate had no authority or jurisdiction to give any direction and/or instruction to the petitioner. The petitioner should have complied the directions of his superiors. The standoff between the Commissioner and the District Magistrate is for them to resolve. The petitioner cannot be visited with the consequences. Let the arrears of salary for the period above noticed be paid to the petitioner within a maximum period of four weeks from the date of receipt and/or presentation of a coy of this order. If the salary is proposed to be denied, the respondents are necessarily required to proceed departmentally against those under whose instruction the petitioner acted. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)