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Patna High Court

Deepak Kumar SinghversusThe Union Of India and Ors

Decided
Disposal
DISMISSED

Holding

The removal order is lawful because the petitioner’s admission of a second marriage makes him ineligible for service under Rule 11(2) of the SSB Rules, 2009.

Summary

The petitioner, a constable in the Sashastra Seema Bal (SSB), was served a show‑cause notice alleging that he had contracted a second marriage while his first wife was alive. He replied to the notice, admitting that he had indeed married a second woman, Soni Kumari. On the basis of this admission, the Commandant of the 35th Battalion issued an order on 26 September 2016 removing the petitioner from service under Rule 26 of the SSB Rules, 2009. The petitioner filed a writ petition seeking quash of the removal order and reinstatement, contending that the second marriage was with the consent of his first wife and therefore permissible. The court examined Rule 11(2) of the SSB Rules, 2009, which disqualifies any person who contracts a second marriage during the lifetime of the first spouse from retention in service, and found the rule applicable despite the consent. Consequently, the court dismissed the writ application, upholding the removal order.

Issues considered

  • Whether the removal order issued under the SSB Rules, 2009 is valid in view of the petitioner's admission of a second marriage.
  • Whether a second marriage, even with the first spouse's consent, renders a SSB personnel ineligible for service under Rule 11(2) of the SSB Rules, 2009.
  • Whether the writ petition seeking quash of the removal order and reinstatement can be entertained.

Subjects

  • second marriage
  • service eligibility
  • Sashastra Seema Bal
  • Rule 11
  • removal from service
  • writ petition
  • administrative law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7163 of 2017
     ======================================================
     Deepak Kumar Singh Son of Baleshwar Singh, Resident of Village- Biraul,
     P.S.- Khajauli, Distt. Madhubani.

                                                             ... ... Petitioner/s
                                     Versus
1.   The Union of India through its Secretary, Ministry of Home Affairs, New
     Delhi.
2.   Director General S.S.B. East Block, R.K. Puram, New Delhi.
3.   Dy. Inspector General S.S.B Head Quarter, Muzaffarpur.
4.   Commandant 35th Bn S.S.B. Raj Nag Nagar, District- Madhubani.
5.   Assistant Commandant S.S.B. 35th Bn Raj Nagar, District- Madhubani.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Arun Kumar, Advocate
     For the Respondent/s   :     Mr. Manoj Kumar Singh, Advocate
                                  Mr. Prabhat Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

     Date : 12-02-2026

                     Heard learned counsel for the parties.

                     2. The petitioner has filed the instant application for

      the following reliefs:

                                                 “1. A) To quash the order
                                   dated 26.09.16 issued under the
                                   signature of Commandant 35 Bn
                                   S.S.B. Rajanagar. District Madhubani
                                   a copy of which is annexed as
                                   Annexure-'3' to this writ application
                                   by   which     he    has    removed     the
                                   Petitioner from the post of constable
                                   CT/G.D under rule 26 of the S.S.B.
Patna High Court CWJC No.7163 of 2017 dt.12-02-2026
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                                         rules 2009.
                                                       B)    To      direct   the
                                         Respondent to re-instate the the
                                         petitioner at the post of CT/GD in
                                         35th Bn S.S.B Rajanagar District-
                                         Madhubani and to pay regular salary
                                         from the date of removal.
                                                       c) To pass any such other
                                         order or orders as this Hon'ble Court
                                         thinks fit and proper.”

                         3. It is the case of the petitioner that while he was

         discharging his duty as constable, general duty in the Sashastra

         Seema Bal, an enquiry was started against him with respect to

         the fact as to whether he had contracted a second marriage

         during the lifetime of his first spouse.

                         4. The enquiry lead to issuance of a show cause

         notice dated 5.8.2016 to which the petitioner replied on

         24.8.2016.

                         5. The respondents came out with an order dated

         26.9.2016 (Annexure-3) inflicting the punishment of removal

         from service on the petitioner with immediate effect. It is this

         order which the petitioner has challenged in the instant writ

         application.

                         6. It is submitted by learned counsel for the
Patna High Court CWJC No.7163 of 2017 dt.12-02-2026
                                           3/4




         petitioner that the order impugned is illegal and not sustainable

         for the reason that he had contracted the marriage with the

         second wife after obtaining consent of his first wife. It was for

         the reason that the petitioner had only two daughters from the

         first wife. As such, it is prayed that the order impugned be set

         aside and the writ application be allowed.

                         7. The application is opposed by learned counsel

         appearing for the respondents. Besides opposing the writ

         application on merits, learned counsel submits that pursuant to

         having contracted the second marriage, the same renders the

         petitioner ineligible in terms of Rule 11 of the Sashastra Seema

         Bal Rules, 2009. It is further submitted that in fact in his reply

         to the show cause notice, the petitioner accepted entering into a

         second marriage during the lifetime of his first spouse.

                         8. Heard learned counsel for the parties and perused

         the material on record.

                         9. From the contents of the writ petition, it

         transpires that on having been served with a show cause notice

         with respect to the fact as to whether the petitioner had entered

         into and contracted a second marriage during the lifetime of his

         first spouse, the petitioner filed his reply on 24.8.2016, a copy

         of which has been brought on record as Annexure-2 to the writ
             Patna High Court CWJC No.7163 of 2017 dt.12-02-2026
                                                        4/4




                      application. In his reply, the petitioner accepted entering into a

                      second marriage with one Soni Kumari.

                                      10. Taking into consideration the admission by the

                      petitioner with respect to him having contracted a second

                      marriage together with the ineligibility provided under Rule

                      11(2) of the SSB Rules, 2009 which provides that any person

                      subject to the Act who contracts or enters into a second marriage

                      during the lifetime of his first spouse shall render himself

                      ineligible for retention in service and may be dismissed,

                      removed or retired from service on ground on unsustainability,

                      the Court finds no illegality in the order impugned and no merit

                      in the instant application.

                                      11. The application is dismissed.




                                                  (Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.2.2026
Transmission Date       NA


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