RAM CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THE present writ application was initially filed to quash the order dated 24.9.2002, as contained in Annexure -1, by which the petitioner has been dismissed from service with immediate effect and all the admitted amounts paid to the petitioner as salary have been directed to be recovered, as after enquiry it has been established that the petitioner has used forged and fabricated documents at the time of his appointment to show his date of birth as 1.10.1948. Subsequently after verification it would transpire from the Matriculation certificate of the petitioner that his date of birth was 1.10.1944. It is manifest that if the Matriculation certificate is produced by the petitioner at the time of his appointment, he would not have been appointed, as he had already become overage.

(3.) THE contention on behalf of the petitioner is that it is not in dispute that the petitioner had duly been appointed and had been discharging his duty and the salary was being paid to him on regular basis. No such allegation is there either in the impugned order or in the averments of the respondents, who have filed counter -affidavit.