STATE OF M P Vs. MATHURA SINGH

JUDGEMENT

(1.) THE respondent No. I/petitioner was aggrieved with his order of retirement dated 13-2-92 by which he was treated to be retired w. c. f. 1-6-1988 instead of 31-7-1990.

(2.) THE applicant was initially appointed as Constable in the Police Department of erstwhile Madhya Bharat State w. e. f. 1-6-1950. The applicant in his service record mentioned that he had the qualification of Middle Class. It was alleged that at the time of completion of service-roll without asking him to produce a certificate of Middle Examination, he was compelled to write an imaginary date of birth (1-6-1930) and was asked to sign the service roll.

(3.) ALTHOUGH, a departmental enquiry was started against him for changing his date of birth in service record, however, the order of retiring him from service was passed. The learned State Administrative Tribunal by the impugned order observed that the order of retirement was passed without affording applicant any proper opportunity of hearing and consequently the order of his retirement was quashed against which the present writ petition has been filed on behalf of the State.