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Patna High Court

Balram SinghversusThe Union Of India and Ors

Decided
Disposal
WITHDRAWN

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The High Court held that the writ petition was disposed of as withdrawn.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 The court considered the request to withdraw and, finding no objection, disposed of the writ petition as withdrawn.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
                                            2/3




                             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
                                                        3/3




                      same.

                                  4. In view of the above, the writ application is

                      disposed of as withdrawn.



                                                         (Partha Sarthy, J)
avinash/-

U


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