MANIK BHAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Under the provisions of the Karnataka State Servants (Determination of Age) Act, 1974 (hereinafter referred tc as the '1974 Act'), the petitioner filed an application on or about 12-6-1975 before the Govt for alteration of his date of birth from 6-11-1922 to 7-5-1924. Under sub-sec (3) of S.5 of the 1974, Act the application made by the petitioner was referred to the Deputy Secretary to the Govt in the Law Dept for enquiry and report. Before the Enquiry Officer, the petitioner in addition to examining himself, examined four witnesses in support of his casee and produced a large number of documents. On consideration of the evidence placed before him, the Enquiry Officer by his report dt.28-7-1976 (Ext 'A') held that the correct date of birth of the petitioner was 7-5- 1924 and therefore advised the Govt to accept the said date as the date of birth of the petitioner. On an examination of the report of the Enquiry Officer, the Govt by its order No.CI 330 ACI 76, dt.7-12-1976 (Ext.'B') refused to accept the report of the Enquiry Officer and rejected the application of the petitioner, the validity of which is challenged by him in this writ petition under Art.226 of the Constitution.

(2.) Mr. B.Gopalaiah, learned Counsel for the petitioner, contended that the reasons given by the Govt in its order dt.7-12-1976 were, manifestly illegal and its order was not a speaking order and is therefore liable to be interfered under Art.226 of the Constitution.

(3.) For appreciating the contention of the petitioner it is necessary to set out the order of the Government in full which reads thus: