BRIJ BHAN YADAV Vs. STATE OF U P

JUDGEMENT

(1.) -Petitioner has prayed for a writ of certiorari to quash the order dated 4.7.2002 passed by District Magistrate, Azamgarh retiring him w.e.f. 31.12.1999 on attaining the age of sixty years and to recover salary for the period he had worked after 31.12.1999 from his pension and gratuity and to lodge an F.I.R. against him for playing fraud in entering fraudulent date of birth in his service book.

(2.) I have heard Sri Ashok Khare, senior advocate, assisted by Sri Anil Kumar Mishra for petitioner and learned standing counsel for respondents.

(3.) THE enquiry officer reported that petitioner had concealed his correct age by producing a false school leaving certificate of Class VII to gain advantage in service and that a false entry has been made in his service book in connivance with officials in the year 1982. It was also found that Ram Das Ram was brother of petitioner's father Mohan. Banwari son of Ram Das Ram died at early age. In order to illegally acquiring his property, petitioner started using the name of his uncle Ram Das Ram as the name of his father. Smt. Dhiraji, widow of Ram Das, had sold her entire property in 1974 to Surya Bhan son of Mohan. At some places, his father's name was disclosed to be Ram Das which is reflected in school leaving certificate recording his correct date of birth as 1.1.1940.