2025 Supreme(Pat) 101
IN THE HIGH COURT OF JUDICATURE AT PATNA
ARVIND SINGH CHANDEL, J.
CWJC No.3664 of 2023
(21.1.2025)
Md. Manover Hussain @ Md. Manover Hasan ... Petitioner
vs.
Union of India & Ors. ... Respondents
Act Referred
SASHASTRA SEEMA BAL RULES : R.11(2), R.26
Headnote
Sashastra Seema Bal Act, 2007 – Section 11(2) – Sashastra Seema Bal Rules, 2009 – Rules Rule 11(2) and 26 – Dismissal from service – Second marriage – Enquiry officer himself was not sure whether the petitioner has got his second marriage or not, however, only on the basis of letter issued by medical officer arrived at the conclusion that it appears that petitioner has got his second marriage – No evidence was produced before the inquiry officer, which established the fact of second marriage of the petitioner – Petitioner mentioned that since the respondent no. 6 has refused to live with him, therefore, he live in relationship and during this relationship, one male child was born – Merely on the basis of the letter it cannot be said that there is second married wife of the petitioner – At most, it can be said that petitioner is the only biological father of the boy who is born – Apart from that letter, there is nothing available on record which shows that the petitioner has got his second marriage – Both impugned orders of dismissal are quashed – Respondents are directed to reinstate the services of the petitioner. (Paras 7, 8 and 9)
For the Petitioner: Mr. Rohan Verma
For the Respondents: Mr. Additional Solicitor General
For the U.O.I. : Mr. Bindhyachal Rai.
Arvind Singh Chandel, J.—Heard learned counsel appearing for the parties.
2. This petition has been preferred by the petitioner seeking following reliefs:—
“i. For necessary direction upon the respondent authorities to quash the order dated 01.02.2022 passed by the Commandant, 71st Bn, SSB, Motihari, District-East Champaran, Bihar issued vide Letter No. 1064 by which the petitioner has been dismissed from service with immediate effect and as such has been accordingly struck off from the strength of the 71st Bn, SSB, Motihari (Bihar) from today i.e. 01.02.2022.
ii. For quashing of the order dated 04.05.2022 issued by DIG, SHQ, SSB, Bettiah (respondent no.5) issued vide order no. 2993-99 by which the appeal preferred by the petitioner against the order of dismissal dated 01.02.2022 has been dismissed and the order of dismissal dated 01.02.2022 vide no. 1064 has been upheld.
iii. For a direction to the respondents to reinstate the petitioner forthwith with effect from the date he was dismissed with all back wages.
iv. For a direction to the respondents to grant all consequential relief to the petitioner to which he may be found to be entitled to.
v. For any other direction, which your Lordships may deem fit and proper in the facts and circumstance of the case.”
3. The fact of this case is that the petitioner was appointed in Sashastra Seema Bal (in short SSB) on 10.02.2014 at 63rd Bn, SSB, Barasat and remained posted there from 10.02.2014 to 16.09.2014. Thereafter, on 16.11.2020, he joined at 71st Bn, SSB, Motihari on transfer. The petitioner while being posted at 61st Bn, SSB, Bhairabkunda (Assam) got married to one Smt. Kainat Hashmi i.e. respondent/o.p. No. 6 in this petition on 29.03.2017. At that time, petitioner was posted at Bhairabkunda (Assam) where keeping family was not permissible, therefore, the wife of the petitioner was requested by him to stay in his village home. She denied the same and subsequently, she filed a Complaint Case No. 3141 of 2017 in the Court of learned Chief Judicial Magistrate, Patna for the alleged offences punishable under Sections 498(A), 379, 504, 506 read with Section 34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. Thereafter, cognizance was taken by the Chief Judicial Magistrate on 30.11.2017. Application for grant of anticipatory bail was moved by the petitioner before this Court wherein the respondent/o.p. no.6 i.e. Kainat Hashmi was also made a party. During course of hearing, in the anticipatory bail application, the respondent/o.p. no. 6 made her submission that she is ready for one time settlement as it is not possible for her to reside in the village of the petitioner and for that she is ready to file mutual divorce application. On the basis of undertaking given by the respondent/o.p. no. 6, the application for grant of anticipatory bail was allowed vide order dated 30.07.2017 by this Court. However, the respondent no. 6 did not co-operate to file an application for grant of divorce on the ground of mutual consent. Thereafter, the petitioner filed divorce case on 10.04.2020 being M.M. Case No. 125 of 2020 before the Family Court, Madhubani. Meanwhile, the respondent no. 6 made several complaints to the higher officials of the petitioner alleging therein that petitioner has got his second marriage without getting any divorce from her and prayed for dismissal of the petitioner from his services on this ground. On the basis of complaints made by the respondent no. 6, the departmental enquiry was conducted by the enquiry officer, which was concluded on 01.12.2021. The enquiry report i.e. Annexure-8 was also submitted by the inquiry officer on 01.12.2021. The enquiry officer categorically opined that it is not clear that petitioner has got his second marriage or not. However, on the basis of Letter no. 479 dated 07.10.2021 issued by the In-charge, Medical Officer, Primary Health Centre, Khutauna, it was opined by him that it appears that the petitioner herein got his secon