GOVT. OF A.P. Vs. MD. BURHANUDDIN

JUDGEMENT

(1.) This Writ Petition is filed by the respondents in O.A.No.4356 of 2009 before the A.P. Administrative Tribunal, Hyderabad (for short "the Tribunal") aggrieved by the order dated 08.07.2010. By the aforesaid order, the Tribunal allowed the application filed by the 1st respondent-applicant, wherein he had questioned proceedings Rc.No.36/ME- 3/2008, dated 19.04.2008, by setting aside the said proceedings, with a further direction to the petitioners herein to alter the date of birth of the 1st respondent-applicant in the Service Register as 01.01.1957 instead of 04.04.1953 and to extend all consequential benefits.

(2.) The 1st respondent-applicant was appointed as Police Constable on 03.02.1975 pursuant to his application dated 18.11.1974. At the time of entry into service, his date of birth was recorded as 04.04.1953 in the Service Register. While he was in service, he was prosecuted for the alleged offences under Sections 465, 468 and 471 IPC in C.C.No.133 of 1978 on the file of the III Metropolitan Magistrate, Hyderabad on the allegation that he had altered his date of birth from 01.01.1957 to 04.04.1953. By judgment dated 31.08.1978, he was acquitted from the charges by recording a finding that prosecution has not proved the charge framed against him and there was no necessity for him to alter the date of birth as contended by the prosecution. During the pendency of the proceedings, he was also discontinued from service and subsequently reinstated. While it is the case of the 1st respondent-applicant that only on initiation of criminal proceedings, he was discontinued and on acquittal he was reinstated into service, but the same is disputed by the petitioners stating that his probation was terminated. In this Writ Petition, it is not necessary to go into such controversy.

(3.) On acquittal in criminal proceedings, he was reinstated in the service on 28.10.1978. He started making representations from 24.06.2002 to alter his date of birth in the Service Register as 01.01.1957 instead of 04.04.1953. On his request, the Commissioner of Police, Cyberabad, Hyderabad, addressed letter dated 20.11.2007 vide letter No.124/207/A1/CYB/2004-07, to the Director General of Police, Andhra Pradesh, Hyderabad, who, in turn, issued proceedings Rc.No.36/ME-3/2008, dated 19.04.2008, rejecting the request of the 1st respondent-applicant, for alternation of his date of birth in the Service Register. Questioning such rejection proceedings and seeking further consequential relief to alter the date of birth in the Service Register by extending all consequential benefits, he approached the Tribunal. It was his case before the Tribunal that that though he submitted original Transfer Certificate to the authorities at the time of his appointment, showing his date of birth as 01.01.1957, but, the petitioners have entered his date of birth as 04.04.1953. Before the Tribunal, petitioners filed counter-affidavit. In the counter-affidavit, while denying the various allegations made by the 1st respondent-applicant, it was the case of the petitioners that the 1st respondent-applicant was appointed as Police Constable pursuant to his application dated 18.11.1974 wherein he has shown his date of birth as 04.04.1953 and after completion of recruitment process, he was appointed as such. It was the specific case of the petitioners that at the time of his application dated 18.11.1974, he had not completed 18 years of age and only to gain entry into service, he had altered his date of birth and having got benefit of the same, he is now seeking alteration of date of birth. In the counter-affidavit filed before the Tribunal, reference is also made to the undertaking given by the 1st respondent-applicant, wherein he had confirmed his date of birth as 04.04.1953. While pleading that, in the criminal proceedings, he was acquitted on the benefit of doubt, petitioners sought dismissal of the O.A., alleging that no case is made out for seeking alteration of date of birth, at the belated stage.