BRIJ KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has preferred this writ petition under Article 226 of the Constitution for quashing the order dated 31.12.2011 passed by fifth respondent retiring the petitioner from service and for the recovery of the excess amount paid to him.

(2.) The brief reference to the factual aspect would suffice. The petitioner was initially engaged on the post of Waterman on 08.02.1980 on casual basis. He was regularized on the said post on 01.01.1988. A show cause notice was issued to the petitioner on 23.11.2011 on the basis of a complaint made by his brother dated 01.06.2010 wherein it was alleged that the petitioner's date of birth in the school leaving certificate was recorded as 02.01.1945. It was alleged that he was a student of Primary School, Nawabganj Sandi, Hardoi and according to the records of the said institution, his date of birth was 02.01.1945. Copy of the show cause notice is on record as Annexure-7 to the writ petition.

(3.) The petitioner has submitted his reply to the said show cause notice on 26.11.2011 denying all the allegations made therein. It has been contended on his behalf that the petitioner at the time of his appointment, was sent for medical examination and on the basis of the age mentioned in the medical examination report, his date of birth was recorded in his service record as 02.01.1954. He has stated that his brother due to enmity, has got manufactured some documents to cause harassment to the petitioner.