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Patna High Court

Nandjee YadavversusThe Union of India

Decided
Disposal
WITHDRAWN

Holding

The Court held that the application is disposed of as withdrawn, with liberty to the petitioner to file an appropriate application thereafter.

Summary

The petitioner, Nandjee Yadav, a former member of the 35th Battalion of the Sashastra Seema Bal, challenged his dismissal order dated 24‑12‑2022 issued by the Disciplinary Authority‑cum‑Commandant under SSB Rules, 2009. He filed a writ application seeking to set aside the dismissal, be reinstated with all consequential benefits, and obtain any other reliefs. During the hearing, counsel for the petitioner indicated that, based on oral instructions, the appeal filed by the petitioner had been dismissed and he now wished to withdraw the present application, seeking liberty to file a suitable application later. The Court considered whether the application could be withdrawn at this stage. Finding no impediment, the Court disposed of the application as withdrawn, granting the petitioner liberty to file an appropriate application in the future. The order effectively leaves the dismissal order in force pending any further appropriate petition by the petitioner.

Issues considered

  • Whether the writ application seeking setting aside of the dismissal order can be withdrawn by the petitioner at the pleading stage

Subjects

  • dismissal
  • service reinstatement
  • withdrawal of application
  • disciplinary proceedings
  • SSB Rules 2009
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1637 of 2026
                 ======================================================
                 Nandjee Yadav, Son of Mohan Yadav, Resident of Village- Athar, P.S- Athar,
                 District- Buxar.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The Union of India through the Secretary Ministry of Home Affairs, New
                 Delhi.
           2.    The Director General, Sasharstra Seema Bal (SSB), New Delhi.
           3.    The Inspector General, Frontier Headquarters, SSB, Patna.
           4.    The Commandant, 35th Bn SSB, Dumka, Jharkhand.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :      Mr. Mohit Shriwastava, Advocate
                 For the U.O.I.         :      Dr. K.N. Singh, ASG
                                               Mr. Binod Kumar Paswan, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   05-02-2026                  1. The petitioner has filed the instant application for

                   the following reliefs :-

                                                “i. For setting aside the order
                                      contained in No. PF/CT/GD/Nandjee Yadav/
                                      35thBn/SSB/09/24318-30      dated      24-12-2022
                                      passed by the Disciplinary Authority-cum-
                                      Commandant, 35th Bn SSB Dumka, Jharkhand
                                      whereby and whereunder the Disciplinary
                                      Authority in exercise of powers conferred under
                                      of Rule 11 (2), read with Rule 18 of SSB Rules,
                                      2009 order that the appellant “To be Removed
                                      from Service” with immediate effect and
                                      accordingly struck off from the strength of the
                                      35th Bn SSB, Dumka (Jharkhand) from today i.e.
                                      24-12-2022.
            Patna High Court CWJC No.1637 of 2026(2) dt.05-02-2026
                                                        2/2




                                                     ii. The petitioner further prays that
                                         after setting aside the aforementioned order of
                                         dismissal as well as appellate order reinstate the
                                         petitioner in service with all consequential
                                         benefits as he has not been in gainful
                                         employment after his dismissal from service.
                                                     iii. For any other relief/reliefs for
                                         which the petitioner may be deemed entitled to.”

                                  2. At the outset, it is submitted by learned counsel for

                      the petitioner that as per oral instructions received, the appeal

                      filed by the petitioner having been dismissed, he seeks

                      permission to withdraw this application with liberty to file an

                      appropriate application.

                                  3. In view of the above, the application stands

                      disposed of as withdrawn with the aforesaid liberty.



                                                      (Partha Sarthy, J)
avinash/-

U


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