VIJAY KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

(2.) BY means of this petition, the petitioner has challenged the order dated 31.8.2007 passed by the Senior Superintendent of Police, Jhansi dismissing him from service. The petitioner was recruited and appointed as a Constable in civil Police on 26.6.2005. After completing the training, he was posted as Constable at district Jhansi on 26.6.2006. In the month of June, 2007 he was transferred from Civil Police to Armed Police.

(3.) COUNTER-affidavit filed by the State makes a curious and interesting reading regarding the date of birth mentioned in the High School Certificate of the petitioner. In paragraph 4, it has been stated that on verification, the Secretary, Madhyamik Shiksha Parishad, Meerut vide letter dated 6.8.2007 informed that the certificate submitted by the petitioner is genuine whereas the report submitted by the Senior Superintendent of Police, Agra goes to show that he appeared in the High School examination for the second time showing his date of birth as 1.1.1984 whereas in the earlier occasion when he passed High School examination as regular student, his date of birth was recorded as 1.7.1997. The material on which conclusion has been drawn by the Senior Superintendent of Police, Agra in his letter has not been brought on record nor it finds mention in the verification report submitted by him. It may be relevant to quote paragraph 4 of the counter-affidavit: