H ANNADANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the order dated December 15, 1982 made by the learned single Judge dismissing Writ Petition Mo. 42391/82.

(2.) H. Annadanappa, the appellant, was a Government servant. In 1950, he joined service as a Clerk in the Food Department and in 1951, he was selected as a Police Daffedar in the Police Department of the erstwhile State of Mysore. He rose from that cadre finally to the post of Deputy Superintendent of Police. When he was serving in that cadre in the Intelligence Bureau at Bangalore he made an application under Section 5(2) of the Karnataka State Servants (Determination of Age) Act, 1974 (hereinafter referred to as the 'Act') requesting the Government to alter his date of birth from December 6, 1927 to December 6, 1930. it may be stated that his S.S.L.C. records bear an entry that he was born on December 6, 1927. On that basis, his service records were built up and maintained almost right upto his date of retirement. it was only at the fag end of his service, he made an application as aforesaid for altering his date of birth from December 6, 1927 to December 6, 1930.

(3.) His application was considered by the Enquiry Officer appointed under Section 5(3) of the Act. The Enquiry Officer was none other than the Solicitor and Ex-Officio Deputy Secretary to Government, Department of Law and Parliamentary Affairs. He was a Civil Judge on 0.0.D. Before the Enquiry Officer, Annadanappa adduced evidence both oral and documentary. The Enquiry Officer after considering the material placed before him and hearing the appellant, held that there is no basis for accepting the claim of Annadanappa for alteration of his date of birth from December 6, 1927 to December 6, 1930 for the purpose of service as a State servant.