PASHUPATI NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) PETITIONER , at the relevant time was a Sub -Inspector in the Bihar Police, has filed this writ application for a direction to the Director General -cum -lnspector General of Police, Bihar, Patna, Respondent No. 2 to dispose of the representation dated 11.11.1999, Annexure -4 whereunder he had requested Respondent No. 2 to permit him to continue until he reached the age of superannuation as per the date of birth recorded in the Matriculation Certificate, bearing No. 47297 dated 1.10.1961, which was also the date initially recorded in his Service Book. During the pendency of the writ petition, the authorities considered the request of the petitioner contained in the aforesaid representation and rejected the same under order, bearing Memo. No. 6772 dated 17.10.2000, Annexure -6 to the Interlocutory Application. By filing I.A. No. 1186 of 2005, petitioner has even challenged the aforesaid order contained in Memo. No. 6772 dated 17.10.2000, as contained in Annexure -6 to the said Interlocutory Application on the ground that the same has been passed contrary to the provisions contained in Rule 96 of the Bihar Financial Rules as also contrary to the date of birth recorded in the Matriculation Certificate of the petitioner, bearing No. 47297 dated 1.10.1961, which was issued even prior to his entry in the service of the Bihar Police on the basis of which the date of birth column of his Service Book was also filled up.

(3.) IT appears from the counter affidavit and the supplementary counter affidavit filed on behalf of Respondent No. 3 that Superintendent of Police, Saran at Chapra during the pendency of this writ application passed the order dated 14.3.2000, Annexure -A to the counter affidavit whereunder he said that the petitioner has applied for correction of his date of birth more than ten years after his entry in the Police Service, as such, his request to correct the date of birth in the Service Book is contrary to the provisions contained in Rule 1041B of the Bihar Police Manual and Rule 96 of the Bihar Financial Rule Part I in terms whereof request to correct the date of birth recorded in the Service Book should be made within ten years of its recording. From the supplementary affidavit, it appears that the representation of the petitioner dated 11.11.1999, Annexure - 4 submitted before the Director General - cum -lnspector General of Police, Bihar, Patna was also disposed of under 17.10.2000, Annexure -6 refusing to correct the date of birth since the representation for correcting the same was received after ten years of his entry into the police service.