NALINIKANTA PATEL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner, a Deputy Superintendent of Police in the State Police Service, seeks issuance of an appropriate writ directing the opposite parties 1 to 5 to consider his case for promotion to the Indian Police Service along with the officers recommended in the list of suitable officers drawn up under Regulation 5 of the Indian Police Service (Appointment by Promotion) Re- gulationsl 1955 by the Selection Committee (constituted under Regulation 3 of the said Regulations) for the year 1981 and to promote him to the said Service giving him retrospective seniority and all service benefits.

(2.) The petitioner's case is that he joined as an Assistant Sub-Inspector of Police in the Ex-State of Gangpur on 8-1-1945 and his date of birth was recorded in the service book as 8-4-1927. In Jan., 1948, when the Ex-State of Gangpur merged with the State of Orissa he was absorbed as a Sub-Inspector of Police in the State of Orissa and. in the year 1962 he was promoted to the rank of Inspector of Police. Subsequently, he was prorooted to the Orissa State Police Service and he joined the said Service on 21-7- 1972. He was confirmed in the State Police Service with effect from 1-8-1979 and has been continuing in the said service.

(3.) In Nov., 1979, the petitioner came to learn that somebody had scored through the date of birth initially recorded in his service book as 8-4-1927 and had interpolated the date 8-4-1924. On 29-11-1979 he brought this matter of fraud to the notice of the Inspector-General of Police by a representation (Annexure 2) and requested him to take steps for rectifying the fraud. As the disposal of the representation was delayed for over eleven months, he made another representation on 18-9-1980 to the Secretary to the Government of Orissa, Home Department vide Annexure 4. In this representation he referred to his previous representation to the Inspector-General of Police and requested for taking necessary steps to see that the correct date of birth was recorded in his service book. No order on the above representation was communicated to the petitioner. Apprehending that his name might not be included in the list of officers eligible for promotion, he made another representation on 10-11- 1981 to the Chief Secretary to the. Government of Orissa vide Annexure 5- On 9-12-1981, he appeared before the Chief Secretary in the Grievance Cell and requested for including his name in the eligibility list of 1981 pending disposal of his representation regarding his date of birth. But no order was passed on the representation and his name was not included in the eligibility list for 1981.