Patna High Court
Balram SinghversusThe Union Of India and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The High Court held that the writ petition was disposed of as withdrawn.
Summary
The petitioner, Balram Singh, filed a writ petition in the Patna High Court seeking the expungement of several Office Memoranda and letters that recorded a downgraded APAR and adverse entries against him in the Sashastra Seema Bal. He also asked the court to set aside those documents and grant any consequential relief. The petition was filed against the Union of India and various officials of the SSB. During the hearing, the petitioner’s counsel informed the court that a later order dated 15 January 2020, issued by the Deputy Commandant of the SSB, resolved the dispute, and the petitioner wished to withdraw the writ application. The court considered the request to withdraw and, finding no objection, disposed of the writ petition as withdrawn. No substantive merits of the original reliefs were adjudicated.
Issues considered
- Whether the Office Memoranda and adverse entries in the APAR can be set aside by the High Court under writ jurisdiction.
- Whether the petitioner is entitled to expunge the downgraded APAR and obtain consequential relief.
- Whether a petitioner may withdraw a writ petition after a subsequent administrative order has been issued.
Subjects
- writ jurisdiction
- service records
- administrative law
- withdrawal of petition
- APAR
- Sashastra Seema Bal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7348 of 2017
======================================================
Balram Singh, S/o Sri Kallu Singh, Resident of Village & P.O.- Dhanauti,
P.S.- Sharkoat, District- Bijnor (U.P.).
... ... Petitioner/s
Versus
1. The Union of India through Secretary, Government of India, Ministry of
Home Affairs, O/o Director General, Sashastra Seema Bal, East Block-V, R
K Puram, New Delhi.
2. The Director General, Sashastra Seema Bal (SSB), Ministry of Home
Affairs, Government of India, East Block-V, R K Puram, New Delhi.
3. The Asstt, Director General (Pers.IV), O/o Director General, Sashastra
Seema Bal (SSB), Ministry of Home Affairs, Government of India, East
Block-V, R K Puram, New Delhi.
4. The I.G., Sashastra Seem Bal (SSB), Ministry of Home Affairs, Govt. of
India, Frontier Headquarters, Rukunpura, Bailey Road, Patna-14
5. The Dy. I.G., Sashastra Seema Bal (SSB) New Location, Village- Rasulkpur
Saidpur Wazdi, Near SKMCH, P.O.-Umanagar, District- Muzaffarpur.
6. The Commandant, Sashastra Seema Bal (SSB) 44th Battalion, Jhapaha,
Muzaffarpur (Bihar).
7. The Area Oganizer, SSB, Govt. of India, Ministry of Home Affairs, Bagaha,
District- West Champaran, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Jayant Kumar Karn, Advocate
Mr. Hemant Kumar Karan, Advocate
For the U.O.I. : Mr. Manoj Kumar Singh, CGC
Mr. Prabhat Kumar, Advocate
Mr. Ankit Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 19-01-2026 1. Heard learned counsel for the petitioner and learned
counsel for the Union of India.
2. The petitioner has filed the instant application for
the following reliefs :-
“A. To expunge Office Memorandum
Patna High Court CWJC No.7348 of 2017(3) dt.19-01-2026
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dated 30/12/14, issued by Commandant, 44th
Battalion SSB. Muzaffarpur, containing
downgraded APAR of Petitioner for the period
from 1-04-13 to 31-3-14, as contained in
Annexure- P/1.
B. To set aside Letter dated
09/01/2015, issued by Commandant, 44th
Battalion SSB, Muzaffarpur, as contained in
Annexure- P/3, rejecting representation of
Petitioner against adverse entry in APAR.
C. To set aside Office Memorandum
dated 15/01/2015, issued by Dy. Inspector
General, SHQ, SSB, Muzaffarpur, as contained
in Annexure- P/4.
D. To set aside Office Memorandum
dated 25/02/2016 issued by Staff Officer (Adm),
Office of the Inspector General, SSB, Frontier
Headquarter, Patna as contained in Annexure
P/11.
E. To grant any other incidental,
consequential or other relief/reliefs, to which the
Petitioner is found entitled and Your Lordships
may deem fit in the ends of justice.”
3. It is submitted by learned counsel for the petitioner
that in view of the order contained in Letter no.696-707 dated
15.1.2020 issued under the signature of the Deputy
Commandant (Estt), FHQ, Sashastra Seema Bal, Ministry of
Home Affairs, Government of India, he does not press the
instant writ application and seeks permission to withdraw the
Patna High Court CWJC No.7348 of 2017(3) dt.19-01-2026
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same.
4. In view of the above, the writ application is
disposed of as withdrawn.
(Partha Sarthy, J)
avinash/-
U
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