ACCOUTANT GENERAL NAGPUR Vs. P K SINHA

JUDGEMENT

(1.) Respondents, The Accountant General, Nagpur, Madhya Pradesh and others in O.A. No.670 of 2004, aggrieved by the order made in the aforesaid OA dated 30.11.2004, had filed the present writ petition.

(2.) Respondent-applicant in the OA belongs to Indian Revenue Service (IRS) of 1968 batch and entered into service on 11.11.1968 as Income Tax Officer (Group-A) and the respondent-applicant while working as Chief Commissioner of Income Tax, Visakhapatnam submitted a representation dated 22.10.2002 to the Director General, National Academy of Direct Taxes, Nagpur, stating that his Service Book prepared during his training at Nagpur wrongly recorded his date of birth as 15.3.1945 instead of 15.8.1945 and requested for correction. It is further stated that his date of birth i.e., 15.8.1945 is being shown in the civil list of IRS circulated from time to time. The said representation was forwarded to the Central Board of Direct Taxes (hereinafter in short referred to as CBDT), Ministry of Finance, on 26.11.2002. The then Joint Commissioner of Income Tax (Headquarters), Visakhapatnam, by his communication dated 27.11.2002 submitted the Service Book of the respondent-applicant to the CBDT for necessary correction. The then Additional Commissioner of Income Tax (Headquarters) by proceedings dated 10.2.2003 informed that the original papers received from UPSC at the time of appointment are not available in the personal file of the respondent-applicant maintained by the office. The Ministry of Finance by its letter dated 30.4.2003 asked the respondent-applicant as to how he came to know about the wrong entry of his date of birth after so many years. The respondent- applicant by his letter dated 7.5.2003 informed the CBDT that the list of retiring officers received from ZAO, Hyderabad, showing his date of superannuation as 31.3.2005 had prompted him to verify his Service Book and also the Service Card maintained at Nagpur and on verification he had noticed that there is wrong entry in the service card maintained at Nagpur in regard to his date of birth. It was further started that the Civil List circulated in the department correctly noted his date of birth as 15.8.1945 and he also submitted attested copies of SSLC Certificate along with original. The respondent-applicant also submitted Photostat copies of Passport and CGHS Card as collateral evidence in support of his request for correction. The Ministry of Finance, CBDT, vide communication dated 30.4.2004 informed the respondent-applicant that this request for correction of date of birth from 15.3.1945 to 16.8.1945 cannot be agreed and hence the respondent-applicant filed O.A.No.670 of 2004 before the Central Administrative Tribunal, Hyderabad Bench (in short referred to as the Tribunal hereinafter) questioning the said communication of the Ministry dated 30.4.2004 and consequent direction for correction of his date of birth.

(3.) The writ petitioners as respondents in the said OA filed a detailed reply statement stating that though he joined service in 1968, his representation for correction of his date of birth was made only in the year 2002. It was further pleaded that in his Service Book at three places the respondent-applicant himself recorded his date of birth as 15.3.1945 at the time of entry into service. The respondent-applicant also filed a Rejoinder before the Tribunal and the Tribunal by its order dated 30.11.2004 allowed the OA with a direction to correct the date of birth of the applicant as 15.8.1945 in the service records notwithstanding the rules of the DOPT in the matter. Hence the writ petitioners, questioning the same, had filed the present writ petition.