RAJBEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel.

(2.) This writ petition has been filed for quashing the order dated 22.2.2008 (Annexure-2 to the writ petition), passed by respondent No. 2, by which the services of the petitioner has been terminated on the ground that the certificate of High School submitted by the petitioner at the time of appointment was found forged.

(3.) The facts arising out of the present writ petition are that on the basis of advertisement made by the respondent in the year 1989 for the purposes of appointment on the post of Constable, as the petitioner was fully eligible to be considered and appointed, he submitted relevant documents and on the basis of aforesaid document, petitioner was considered treating his date of birth as 15th November 1969. The High School certificate issued by the Board of High School and Intermediate of the year 1983 was submitted at that time. Petitioner on the basis of aforesaid appointment was working and the conduct of the petitioner was always appreciated by the relevant authority from time to time. It appears that on the basis of some complaint regarding various persons who have obtained the appointment claiming themselves to be dependent of the employees working in the Department under the Dying in Harness Rules, some investigation was made without any notice to the petitioner and it was found as alleged by the respondent that in the certificate submitted by the petitioner of the High School the date of Birth of the petitioner is entered as 15.11.1965. Though in the certificate which has been submitted by the petitioner, the date of birth is recorded as 15.11.1969.