D P TRIPATHI Vs. STATE OF CHHATTISGARHLABIC

JUDGEMENT

(1.) Challenge in this petition is to the three orders dated 08.07.2013 (Annexure P/1), dated 10.07.1994 (Annexure P/2) and order dated 28.09.1994 (Annexure P/3).

(2.) The facts of the case is that, the petitioner was initially appointed as Lower Division Clerk (in short, LDC) under the respondents way back on 14.07.1961. In due course of time, he got promoted to the post of Senior Accountant on 24.02.1988. As per service records, his date of birth reflected was 01.01.1941 and on the basis of which he would have retired on 31.12.1998 accepting the age of retirement to be 58 years as it then was.

(3.) The petitioner meanwhile was issued with charge sheet on 13.12.1989 alleging that the petitioner has unauthorizedly obtained the service records and have tampered the date of birth in the service book and have corrected the date of birth of 01.01.1941 to be 01.01.1943 and as such he tried to get extension of two years more in service. Departmental Enquiry was also conducted and the disciplinary authority vide order dated 10.07.1994 (Annexure P/2) dismissed the petitioner from service. Subsequently, a corrigendum was issued on 28.09.1994 whereby it was clarified that dismissal shall be read as 10.08.1994 instead of 10.07.1994.