RAMESHWAR PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the respondent Union of India.

(2.) VIDE order dated 18.3.2000 petitioner a constable under CRPF was ordered to be removed from service. This order of removal was also affirmed by appellate authority but the revisional authority in its discretion modified the order of removal from service after taking lenient view in the matter and allowed payment of compassionate allowance not exceeding twohirds of pension and gratuity which would have been admissible to him under Rule 41(1) of CCS (Pension) Rules, 1972. Petitioner has challenged these orders in the present writ application. The background to the present litigation is that the petitioner was enrolled in CRPF in the year, 1967. It is stated that he submitted a School Leaving Certificate issued by the Headmaster of Rai Saheb High School, Paiga DistrictSaran. The date of birth of the petitioner in the School Leaving Certificate is 24.9.1951, meaning thereby at the time of recruitment he was less than 18 years of age, not otherwise eligible for recruitment. It is not understood under what circumstances he was allowed to file an affidavit stating that his actual date of birth was 24.9.1948 and that the date of birth recorded in the School Leaving Certificate was incorrect entry. This affidavit was sworn at the time of enrollment of petitioner on 26th August, 1967. Based on the affidavit petitioner was enrolled in CRPF on the post of constable. He continued in service thereafter.

(3.) IT seems that after more than two decades the service record of the petitioner was examined by Pay and Accounts Department. This was done to calculate the qualifying service of the petitioner. The authority discovered a discrepancy in the sense that his service book recorded his date of birth as 24.9.48 but his School Leaving Certificate, on record, showed his date of birth to be 24.9.1951. The matter was referred to the higher authority. The authority decided to issue a show cause to petitioner to reconcile the two dates and necessary action with regard to calculation of qualifying period of service can be made. From the pleading on record it emerges that petitioner submitted yet another School Leaving Certificate in the year, 1995. This time the School Leaving Certificate showed the date of birth of the petitioner to be 24.9.48. The authority confronted with two School Leaving Certificates showing two different dates of birth, referred the matter for verification to the Education Department, Government of Bihar.