STATE OF ASSAM Vs. DAKSHA PRASAD DEKA

JUDGEMENT

(1.) Daksha Prasad Deka-hereinafter called 'the respondent' - was appointed Assistant Sub-Inspector of Police with effect from January 17, 1929. On a representation made by the respondent the date of his birth was entered in the service record as July 1, 1910. Under F. R. 56 (a) the respondent was liable to be compulsorily retired on July 1, 1965. In 1955 the respondent applied that the date of birth entered in his service record, be shown as August 1, 1911. That application was rejected. The respondent again applied in 1963 for correction of his date of birth The application was rejected and by order dated June 26, 1965, the respondent was informed that he will stand superannuated on June 30, 1965. His representation made to the Government of Assam against that order was unsuccessful.

(2.) The respondent then applied to the High Court of Assam praying for a writ in the nature of mandamus requiring the State of Assam to forbear from giving effect to the order dated June 26, 1965. The High Court quashed the order dated June 26, 1965, and directed the State of Assam to give an opportunity to the respondent to show cause against the order directing compulsory retirement and an opportunity to prove his true date of birth. Against that order, this appeal is preferred with special leave.

(3.) In the opinion of the High Court it the true date of birth of the respondent was August 1, 1911, the order compulsorily retiring the respondent on June 30, 1965, without giving him an opportunity to prove his true age, infringed the guarantee of Art. 311 (2) of the Constitution In our judgment, the High Court was wrong in holding that there was any infringement of Art. 311 (2) of the Constitution.