Patna High Court
Nandjee YadavversusThe Union of India
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
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The Court held that the application is disposed of as withdrawn, with liberty to the petitioner to file an appropriate application thereafter.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 The Court considered whether the application could be withdrawn at this stage. Finding no impediment, the Court disposed of the application as withdrawn, granting the petitioner liberty to file an appropriate application in the future.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- Whether the writ application seeking setting aside of the dismissal order can be withdrawn by the petitioner at the pleading stage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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