IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9320 of 2009 UMA SHANKAR PRASAD, SON OF LATE RAM ZEE PRASAD, RESIDENT OF MOHALLA BANGLAGARH, LAL BAGH, WARD NO. 07, P.S. AND DISTRICT DARBHANGA----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH HOME SECRETARY, GOVT. OF BIHAR. 2. DEPUTY DIRECTOR GENERAL OF HOME GUARD, PATNA. 3. DISTRICT COMMANDANT, BIHAR HOME GUARD, SAHARSA. 4. SAINYADESH IN-CHARGE, ADHINAYAK PATAL, HEAD QUARTER, BIHAR, PATNA. -----RESPONDENTS. ----------- 02. 06.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner who served as Havildar with Home Guard at Saharsa is aggrieved by the force order No. 727/1999 bearing Memo No. 3735 dated 27.9.1999, Annexure-8 whereunder he has been dismissed on the ground that he was responsible for theft of Rs.22,00,000/- and odd from the office of the Home Guard for which Saharsa G.R. Case No. 312 of 1998 was also lodged. The dismissal order Annexure-8 has been affirmed in appeal under forced order No. 744/2008 bearing Memo No. 4252 dated 3.12.2008, Annexure-1. 3. It is submitted on behalf of the petitioner that the finding recorded in Annexures-8 and 1 is contrary to the findings recorded by the trial court in connection with the aforesaid theft case bearing No. 312 of 1998 as would appear from the judgment dated 12.6.2007 passed in Sessions Trial No. 368 of 2003 and in the light of the findings recorded by the trial judge, petitioner requests this Court to set aside the order of dismissal dated 27.9.1999, Annexure-8 and the appellate order dated 3.12.2008, Annexure-1. Against the appellate order petitioner has a remedy of memorial before the Director General, Home Guard, Patna in terms of the provisions contained in - 2 - Rule 829A of the Bihar Police Manual. 4. Accordingly, this writ application is disposed of with direction to the petitioner to avail the remedy of memorial before the Director General, Home Guard, Patna who should consider the same in accordance with law as early as possible, in any case within two months from the date of receipt of the memorial along with a copy of this order. Rajesh/ (V.N.Sinha, J.)