IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7232 of 2005 RAJESHWAR KUMAR SINGH, S/O- LATE SHEO BALAK SINGH, R/O- VILLAGE- BHADWAR, P.O. BHADWAR, P.S.CHANDI, DISTRICT – BHOJPUR. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONERCUM-SECRETARY, DEPARTMENT OF HOME POLICE, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 4. THE DIRECTOR GENERAL OF POLICE, b.m.p., BIHAR, COMPUTER BHAWAN, BAILY ROAD PATNA. 5. D.I.G., B.M.P., NORTHERN RANGE, MUZAFFARPUR 6. COMMANDANT, B.MP. -8, BEGUSARAI. ----------- 3. 02.04.2009 A rejoinder to the counter affidavit has been filed on behalf of the petitioner, a copy of which is kept on record. Heard learned counsel for the petitioner and the respondents. The grievance of the petitioner as raised in the writ application is against the deduction of an amount of Rs. 38,000/- and odd on account of the payment of the house allowances to the petitioner to which, according to the respondent, the petitioner was not entitled, as during the tenure of his posting at Begusarai, he was provided accommodation in the B.M.P. Club. Learned counsel for the petitioner submits that the club has only one room in which petitioner was given accommodation and as such, accommodation cannot be said to be an official accommodation deducting from - 2 - payment of house allowances. He further submits that pursuant to the order of this court vide order dated 30th of January 2003 passed in C.W.J.C. No. 12268 of 2002, petitioner filed a representation which was disposed of by the respondent No. 3, Director General of Police, Bihar, Patna, as per the order dated 22nd of September 2003. It is further submitted that authority while disposing of the representation failed to consider his representation correctly without considering the relevant documents with respect to the persons who were allowed the said club and from whom no recovery was made. Learned counsel for the State, however, relies on the statement made in paragraph -8 that none of the persons who were allowed the house allowances who had occupied the accommodation in the B.M.P. Club on the basis of the certificate given by the Accountant vide Annexure-B which refers about the six of such persons mentioned by the petitioner in his representation as well as named in the petition at paragraph 8 and 9. Considering the submission of the parties and the respective pleadings the matter needs to be examined in the light of the factual position read with the relevant documents. Therefore, the petitioner is permitted to file a detailed representation giving details of the relevant facts in support of his claim before the respondent no. 4 within - 3 - a period of two weeks alongwith a certified copy of the present order. In case such representation is filed, the respondent no. 4 shall consider the same and dispose it of by a reasoned order in accordance with law after considering the relevant documents within a period of three months on receipt of such representation. In case, representation of the petitioner is accepted the respondent no. 4 will pass necessary orders in the light of this order. The writ application is disposed of with the above observations/directions. Jagdish/- (Shailesh Kumar Sinha,J)