S.K. HABIBUR RAHMAN Vs. UOI AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved by the order of the Central Reserve Police Force ("CRPF") removing him from its services. He argues that the penalty was utterly unwarranted and that no case of misconduct had been established against him.

(2.) The facts of the case are that the petitioner joined service in the CRPF as a Constable (General Duty) on 02.11.1970. At that relevant time when he was recruited, no educational qualifications were prescribed in respect of the post of Constable. On 06.10.1970 the Petitioner underwent an extensive Medical Test conducted by the CRPF. The Medical Officer recorded satisfaction that he was medically fit, and opined that: "His age according to his own statement (sic) 19 years, 6 months and by appearance 19 years." The petitioner had to furnish his particulars in the CRPF Verification Roll, which he did. This was then authenticated. All the petitioner's service records were based on the date of birth in terms of the affidavit affirmed by his late father namely Sk. Yead Rahman on oath before the Learned First Class Judicial Magistrate, Burdwan. The affidavit affirmed the correct date of birth of the petitioner as 01.05.1951 and that the age of the petitioner was 19 years, 4 months and 20 days as on the date of the affidavit i.e. 21.09.1970.

(3.) The petitioner served the CRPF for 30 years and was promoted to the rank of Head Constable (Havildar). He had the requisite qualifying service to apply for pension as per the conditions of service and the Rules. It is stated that due to ill health and domestic problems he sought voluntary retirement from service in the year 1996 after serving for 30 years. Then, he was, for the first time, asked to produce a certificate of his date of birth issued by the authorities, apart from the other documents (father's affidavit and the department's medical records). It is alleged by the petitioner that during his childhood, he had studied at his native place at Burdwan in a Madrasah, viz. Kulgoria High Madrasah, Dist. Burdwan. He asserts that given the prevailing lack of knowledge and levels of ignorance, parents or guardians did not concern themselves about the children's age factor and the school Madrasah authorities/head of institution used to record the date of birth of the children "as per their own sweet will/statements." It is submitted that the petitioner obtained a certificate from the West Bengal Madrasah Education Board and only then became aware that the date of birth in the said certificate was incorrectly recorded as 01.04.1954.