KUGHAHO SEMA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Vinitoli, learned counsel for the petitioner. Also heard Ms. S. Mere, learned Government Advocate appearing on behalf of all the respondents.

(2.) The petitioner was appointed as Dobashi (hereinafter referred to as 'DB') Grade-II under the establishment of Deputy Commissioner, Zunheboto by an order dated 09-01-1987. While entering in the service as DB Grade-II, the petitioner submitted his school leaving/transfer certificate which was issued by the Government High School, Aghunato wherein his date of birth was recorded as 25-01-1965. Thereafter, the petitioner's Service Book was opened and his date of birth was entered as 25-01-1965 on the basis of the school leaving/transfer certificate issued by the Government High School, Aghunato. The petitioner appended his signature in the Service Book accepting the entries made therein. Further, in 1994, the staffs under the Office of the Additional Deputy Commissioner, Aghunato were examined by the Medical Board. The petitioner also appeared before the Medical Board and in the Medical Report, the petitioner's date of birth was recorded as 25-01-1965 and his age is indicated as 29 years. The petitioner further applied for Birth Certificate in the year 1994 and the Government of Nagaland, Department of Economics and Statistics issued the Date of Birth Certificate wherein his date of birth is shown as 25-01-1965. The petitioner was also promoted to DB Grade-I in the month of March, 2003.

(3.) The Deputy Commissioner, Zunheboto sometime in the year 2006/2007 conducted a verification of the service records of all the employees under his establishment and while doing the same, the Service Book of the petitioner was also examined and the Deputy Commissioner, Zunheboto recorded his date of birth both in figures as well as in words as 25-01-1965. Sometime in 2013, some DBs under the establishment of the Deputy Commissioner, Zunheboto submitted a representation against the petitioner and another person alleging manipulation of date of birth in the Service Book. It was also the case of those complainants that at the relevant point of time when the petitioner was appointed, there was an executive direction that an employee should not be below 35 years of age for appointment as DB and therefore, it was the case of the complainants that the petitioner's date of birth ought to be 25-01-1955 and not 25-01-1965. Against the complaint, the petitioner also submitted a representation dated 21-08-2014 explaining his position and with a further prayer to reject the representation made by the complainants. On the basis of the complaint made, the State respondents constituted a one man inquiry to inquire into the complaint made against the petitioner. Thereafter, the one man inquiry summoned the petitioner to the Office of the Deputy Commissioner, Zunheboto on 18-03-2015. However, apart from the summons, no notice was served upon the petitioner nor was the inquiry report furnished to the petitioner. Thereafter, on the basis of the one man inquiry, the Joint Secretary to the Government of Nagaland, Home Department wrote to the Additional Chief Secretary and Commissioner, Nagaland, Kohima conveying the views and observations of the Personnel and Administrative Reforms Department whereby, the P & AR Department conveyed for releasing the petitioner and another from service on attaining the age of 60 years reckoned from the actual date of birth or on realization of the service length of 35 years computed from the initial date of appointment, whichever is earlier in terms of the Nagaland Retirement from Public Employment (Second Amendment) Act, 2009 (hereinafter referred to as 'the Act of 2009'). Consequently, the Deputy Commissioner, Zunheboto issued release order 15-06-2015 by which the petitioner was released from service on superannuation with effect from 25-01-2015. Being aggrieved by the release order dated 15-06-2015, the petitioner has filed the present writ petition.