IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8329 of 2009 BRIJ KUMAR SINGH, son of Late Peyar Singh, resident of village Pasaur, P.S. Charpokhari, District Bhojpur Versus 1. THE STATE OF BIHAR 2. The Director General-cum Commandant General, Bihar Home Guard, Bihar Patna 3. The Additional Commandant General 4. The Deputy Director General, Bihar Home Guard, Bihar, Patna 5. The Commandant, Bihar Home Guard, Headquarter, Bihar, Patna 6. The Divisional Commandant, Bihar Home Guard, Bihar, Patna 7. The District Commandant, Bihar Home Guard, West Champaran, Bettiah ----------- 02/ 21.07.2009 Heard learned counsel for the petitioner and the State. Petitioner at the relevant time served as Company Commander in the Home Guard. He is aggrieved by the order, bearing Memo No. 01 dated 1.1.2008, Annexure-2 to this application, whereunder he has been dismissed from service, against which he filed appeal, which was also dismissed under order, bearing Memo No. 1462 dated 15.5.2008, Annexure-1 to this application. Against the original dismissal order as also the appellate order, petitioner has filed representation dated 19.3.2009 before the Director General-cum- Commandant General of the Bihar Home Guard, representation is akin to a memorial. Petitioner is permitted to further supplement the memorial by placing reliance on the judgment of the Hon’ble Supreme Court to establish that as he has been acquitted for the self-same charge in the criminal case. The authorities should take into account such fact while considering the challenge of 2 the petitioner to the dismissal order. Let the petitioner file supplementary petition further reiterating the contents of the representation dated 19.3.2009, which should be treated as memorial under Rule 853A of the Bihar Police Manual and the Director General-cum- Commandant General 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 supplementary petition along with a certified copy of this order. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)