HARNATH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner before this Court has filed this present writ petition being aggrieved by the order dt. 15/9/12 passed by the District Commandant, Home Guards, Dewas by which the petitioner's name has been struck off from the strength of Home Guards, Dewas.

(2.) THE contention of the petitioner is that his date of birth is 25/6/1955 as per the School Records and he was recruited initially as a Sainik in the year 1971. Petitioner has further stated that at the time of his initial enrollment, the date of birth disclosed by him was 16/9/1955 and the petitioner continued in service by virtue of the aforesaid date of birth, however, in the year 2007 he was forced by the District Commandant to submit an affidavit in respect of date of birth and as directed by the District Commandant, he submitted an affidavit and mentioned the date of birth as 16/9/1952. The contention of the petitioner is that the affidavit was obtained by the authorities by pressurising the petitioner and he was told that at the time of initial enrollment in the year 1971, he was below 19 years of age and, therefore, the affidavit is required. Petitioner's grievance is that now on the basis of affidavit submitted by him in the year 2007, he has been struck off strength vide impugned order dt. 15/9/12. Learned counsel for the petitioner has argued before this Court that the entry in the service record cannot be changed without any clinching evidence that too by using force or coercion. He has placed reliance upon a judgment delivered by the Division Bench of Allahabad High Court in the case of Mohan Singh Vs. U.P. Rajya Vidyut Utpadan Ltd., and others, reported in [2013 (136) FLR 407]. He has prayed for quashing of the impugned order.

(3.) HEARD learned counsel for the parties at length and perused the record. The matter is being disposed of at the admission stage itself with the consent of the parties.