GITA KUMARI Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE challenge in this writ petition is to the order of the Central Administrative Tribunal (hereinafter referred to as the Tribunal) dated 17.07.07 vide which the Original Application (for short 'OA') of the petitioner herein was dismissed. Through the said OA the petitioner had sought the quashing of the orders dated 20.10.04 and 30.11.05, whereby the respondents had removed the petitioner from the post of Postal Assistant Department of Posts, Ambala, after conducting a departmental enquiry on the charge that she has concealed her true date of birth and accordingly she has acted in a manner unbecoming of a government servant.

(2.) BRIEF facts of the case as revealed by the case file are that on 09.06.94 the respondents issued an advertisement for the post of Postal Assistant against direct recruitment vacancies of Ambala Division. As per the advertisement the candidates belonging to OC (outsider candidate) category should have been between the age bracket of 18 -25 years as on 30.06.94 i.e. is the last date fixed for receipt of applications and should have passed 10+2 or 12th class from a recognized University/Board of school education. The candidates were required to furnish a copy matriculation or its equivalent examination certificate in proof of the date of birth. In response to the advertisement the petitioner applied for the said job on 30.06.94 alongwith requisite certificates. The matriculation certificate issued by Board of Adult Education and Training, New Delhi and 10+2 certificate issued by the Bihar Intermediate Education Council, Patna reflected the date of birth of the petitioner as 05.01.70. Accordingly she was selected as Postal Assistant in Ambala Division against OC vacancies on the basis of certificates appended by her to the application viz matriculation certificate and 10+2 certificate. After complying with the requisite procedural requirements the petitioner finally joined the said job on 23.07.95.

(3.) ON the basis of the complaint, the respondent No.4 enquired into the factum of true date of birth of the petitioner. As part of the enquiry, reference was made to various institutions where the petitioner had studied viz Seva Samiti Girls High School Ambala Cantt., Board of School Education Haryana, Bhiwani, Bihar Intermediate Education Council, Patna, Ram Lakhan Singh Yadav College, Patna. All the said institutions in response to the reference stated the actual date of birth of the petitioner to be 05.01.67.