IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17561 of 2018

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Kumari Manisha, D/o Shri Pratap Narayan Tiwari, R/o Village- Kundwa

Chainpur, P.S.- Kundwa, Chainpur, District- East Champaran.

... ... Petitioner/s

Versus

1.

The Union Of India through Secretary, Ministry of Home Affairs, Govt. of

India, New Delhi

2.

The Director General, Sashastra Seema Bal, Ministry of Home Affairs,

Govt. of India, New Delhi.

3.

The Inspector General, F.I.R. Hqrs Sashastra Seema Bal (SSB), Hqrs, Baiely

Road, Patna.

4.

The Deputy Inspector General, Sector Head Quarter SSB, Purnea, Bihar.

5.

Dy. Inspector General, Sector Head Quarter, SSB Rangia, P.O.- Rangia,

District- Kamrup (Assam).

6.

The Assistant Director Pero-II, FHQ New Delhi.

7.

The Commandant 24th Bn. SSB, Bathnaha, P.O.- Bathnaha (PIN 854316,)

District- Araria.

8.

Shri Vishal Bhalla, Assistant Commandant Recording Officer, SSB, office of

the Commandant, 28^th Bn., Araria, Bihar.

... ... Respondent/s

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Appearance :

For the Petitioner

:

Mr.Sunil Kumar No.III, Advocate

Mr. Bijendra Kumar, Advocate

For the Union of India

:

Mr.Anshuman Singh, CGC

Mr. Ranjay Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 19-12-2022

Learned counsel for the petitioner, at the very outset,

submits that he is confining his relief in the instant writ proceedings to

quashing of the order dated 24.08.2018 passed by the Inspector General,

Frontier Headquarters SSB, Guwahati, during pendency of the instant

writ application.

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2. The petitioner had earlier approached this Court by filing

CWJC No.22032 of 2012. The background leading to filing of the said

case was that on account of her misbehaviour while posted at various

places, which included several incidents of indiscipline and misconduct,

many of which were while she was in an inebriated condition, she was

removed from the Force by holding her to be unsuitable for the post in

terms of Rule 26 of the Sashastra Seema Bal Rules,2009 (hereinafter

referred to as 'the Rules').

3. This Court had considered the petitioner's writ application

and allowed the writ application to the limited extent that the appellate

authority did not pass a reasoned and speaking order and as such, the

order was unsustainable in the eyes of law.

4. Thereafter, the petitioner has filed her appeal, whereafter

the petitioner's case was re-considered by the Deputy Inspector General

and order (Annexure 14) was passed, which is dated 27.03.2018,

rejecting the petitioner's appeal.

5.

Subsequently, the Inspector General, Frontier

Headquarters SSB, Guwahati has set aside the order dated 27.03.2018

holding the same to be without assigning reasons and a non-speaking

order. The order has been set aside by holding the same to be not in

compliance of the writ Court's order.

6. The Inspector General thereafter has passed a detailed and

elaborate speaking order dated 24.08.2018, from which it is apparent

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that this time the order is an exhaustive order, dealing with all the

claims petitioner raised in her appeal.

7. From bare reading of this order, it is apparent that

repeated misdeeds of the petitioner in an inebriated condition have been

considered. Many of the instances of misconduct have been considered

with reference to the petitioner's plea of being guilty of the allegations.

The other instances of misconduct, which have been considered in the

order, show that she has been repeatedly subjected to some punishment

or the other. The order of the Inspector General dated 24.08.2018 leaves

no room for doubt that in terms of Rule 26 of the Rules, the petitioner is

unsuitable to be retained in the Force.

8. At this junctu