HARI KANT JHA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In this writ application, prayer of the petitioner is to quash the communication dated 28-1-2001 (Annexure 9) addressed by the Secretary of the Bihar State Electricity Board to the General Manager-cum-Chief Engineer informing the later that the date of birth of the petitioner originally recorded in his service book is 25-2-1943. Further prayer of the petitioner is to quash the communication dated 24-8-2001 of the same effect, Petitioner also prays for quashing of the order dated 5-3-2002 (Annexure 12) whereby the representation claiming 9-11-1947 as his date of birth has been rejected.

(2.) Facts necessary for the decision of the present writ application are that the petitioner joined the service of the Bihar State Electricity Board (hereinafter referred to as the Board) as Store Assistant on 24-3-1967. Prior to his appointment as Store Assistant, he worked on Muster Roll at Patratu It is the stand of the petitioner that in the service book, which was opened in the year 1969, his date, of birth was mentioned as 9-11-1947. It is his grievance that the service book which contained the details of another employees from Column No. 1 to 6, was pasted and on account of scarcity of service book used for opening the service book of the petitioner and the date 25-2-1943, which related to another person used to determine the petitioner's date of birth. Petitioner claims his date of birth to be 9-11-1947 relying on the entry made in the certificate of Prathama examination conduced by Bihar Sanskrit Board in the year 1956.

(3.) It seems that when it came to the notice of the respondent Board that the dates of birth of a large number of employees originally recorded in the service book have been tampered, it constituted a Committee to examine the discrepancies in service book in relation to the dates of birth. The Committee so constituted, examined the service book of the petitioner along with other employees and it found over writing in the date of birth and directed for sending the service book to the Forensic Science Laboratory for ascertaining the date of birth of the petitioner originally recorded in the service book. The Forensic Science Laboratory gave its report stating that the original entry in the date of birth of the petitioner is 25-2-1943. On the basis of the report of the Forensic Science Laboratory, the matter was examined by the Secretary of the Board, who observed as follows: "2. Shri Kant Jha, Asstt Store Keeper, Central Store, Muazffarpur.--In consideration of the overwritten date of birth of Shri Jha, his service Book has been examined by the Bihar Forensic Laboratory which has reported that the originally recorded date of birth is 25-2-1943. Madhyama certificate is not within the meaning of satisfactory proof of the age under Clause 4 (d) of the Bihar State Electricity Board Certificate Standing Order. Since Shri Jha is not matriculate, his date of birth is determined as 25-2-1943 (Twentififth February nineteen hundred forty three) which is originally recorded in accordance with Sub-rule 3.22 of Bihar State Electricity Board Financial and Account Code (Chapter I to III)."