IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4750 of 2019
Ram Pravesh Yadav, Son of Late Suraj Yadav, Resident of Village-Manpur,
P.O.-P.S.-Chitbara Gaon, Disrict-Ballia(U.P) At Present Resident of 71 BN
SSB, Piprakothi, P.O.-P.S.-Piprakothi, District -East Champaran at Motihari
… … Petitioner/s
Versus
1. The Union of India through DG, S.S.B. Force Head Quarter, R.K.Puram
New Delhi
2. The ADG.-SSB Force Head Quarter, R.K. Puram, New Delhi
3. The State of BIhar through the IG, SSB Frontier Zonal Office Bihar Zone
3rd Floor of Karpoori Thakur Sadan Asiana Digha Road, Patna
4. The DIG, SSB Regional Office, Bettiah District West Champaran Bihar
5. The Commandant 7IBN SSB Piprakothi, at Motihari, District-East
Champaran Bihar
6. The Deputy Commandant 7IBN SSB PIPrakothi at Motihari, District-East
Champaran Bihar
. Smt. Ranju Yadav Daughter fof Munnilal Yadav Resident of Village-
Rampur, P.O.-P.S.-Rasra District-Balia (U.P.)
… … Respondent/s
Appearance :
For the Petitioner/s : Mr. Raghwendra Sharan Pandey
Advocate
For the Respondent/ State: Mr. Md. Nadim Seraj
GP-5
Mr. Dhurendra Kumar
AC to GP-5
For the Union of India : Mr. S. D. Sanjay
Addl. S.G.
Ms. Kanak Verma
CGC
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL JUDGMENT
Date : 10-04-2019
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A supplementary affidavit has been filed during the
course of arguments.
2. Let it be kept on record.
3. Heard learned counsel for the petitioner and
learned Additional Solicitor General, Mr. S. D. Sanjay, for the
Union of India.
4. The petitioner, who is a Constable in SSB force
and is presently posted at Motihari, has challenged the order
dated 09.06.2018 passed by the Commandant, 71 st Battalion
SSB, Motihari Camp at Piprakothi, District – East Champaran
(Bihar), signed and communicated to the petitioner by the
Deputy Commandant contained in Memo No. 4695-97,
whereby 30 per cent of the pay and allowances of the
petitioner has been directed to be deducted for the purposes of
the same to be remitted in the account of the wife of the
petitioner, namely, Smt. Ranju Yadav.
5. The petitioner is facing matrimonial dispute with
his wife who had showed up before the Commandant and had
informed him that despite her request to reside with the
petitioner as his legally wedded wife, the petitioner refused to
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live with her. Under such circumstances, the petitioner was
asked to furnish his explanation with respect to various facts,
namely, whether any order had been passed by any Court of
competent jurisdiction with regard to maintenance of his wife
or was there any family/social arrangement with the approval
of the petitioner and his wife with respect to payment of any
maintenance amount. The aforesaid notice which has been
given to the petitioner on 06.04.2018 is stated to have been
replied by him. The petitioner submits that he categorically
informed his superior officer that he has filed a petition under
Section 9 of the Hindu Marriage Act for restitution of conjugal
rights with his wife as she had voluntarily deserted him, which
application is still pending consideration before a competent
Court of law. The petitioner also admitted that a case under
Section 498A has been filed by his wife against him and other
members of his family and she has also filed an application
under Section 125 Cr.P.C. seeking maintenance from the
petitioner. In none of these petitions, any order has been
passed by any competent Court.
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6. Under such circumstances, the order impugned
dated 09.06.2018, deducting 30 per cent of the pay and
allowances of the petitioner to be remitted in the Bank account
of his wife has been passed.
7. Learned counsel for the petitioner has challenged
the order on two grounds; one being that the application for
restitution of conjugal rights and the willful refusal of the wife
to stay with the petitioner has not been taken into account by
the commanding officer/Commandant and the other that the
order, though is stated to have been passed by the
Commandant, who only is the authorised/prescribed officer
under the SSB Act of 2007, the same has been signed by the
Deputy Commandant, who is not authorized to pass such
order.
8. Both the aforesaid contentions of the petitioner
have been noted only for being rejected.
9. Section 61(2)(i) empowers the prescribed officer
to direct for payment of maintenance to the wife of an
employee or his legitimate or illegitimate child or step child,
subject to the limitation of Section 63 of the Act, which
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proscribes any deduction of more than 50 per cent for the
aforesaid purpose.
10. The prescribed officer has been defined under
Rule 181 of the SSB Rules of 2009 which in case of
subordinate officers and enrolled persons, like the petitioner, is
the Commandant.
11. From the perusal of the order dated 09.06.2018
contained in Annexure- 1, it is clearly reflected that after
consideration of the facts in a dispassionate manner, the order
of deduction of 30 per cent of the pay and allowances of the
petitioner has been passed by the competent authority,
namely, the Commandant which has been communicated to the
petitioner by the Deputy Commandant.
12. There is no reason for this Court to interfere with
the order as 30 per cent would be 1/3 of the pay and
allowances of the petitioner which is required to be paid for
maintenance of his wife. The aforesaid order also appears to
be temporary/interim in nature.
13. Should a competent Court decide about the
quantum of maintenance to be paid by the petitioner to his
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wife, it would be open for the petitioner to make available that
order before the Commandant and make a request to him for
revisiting the impugned order. In case of restitution of conjugal
rights of the petitioner and his wife also, the petitioner would
have the liberty to have the order varied/ modified/rescinded.
14. Thus, for the present, this Court not finding any
fault with the order impugned dated 09.06.2018, the writ
petition must fail.
The writ petition is dismissed with the observation as
indicated above.
(Ashutosh Kumar, J)
skm/-
AFR/NAFR AFR
CAV DATE
Uploading Date 12.04.2019
Transmission Date