MD. IFTAKHAR AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Shitanshu Shekhar Mishra, learned counsel for the petitioner and Sri Ajay Kumar Sharma, learned A.C. to Principal Addl. Advocate General - I.

(2.) The petitioner, who was initially appointed on 01-09-1963 as Constable and in service book his date-of-birth was recorded as 26-08-1941 and according to which, he was to superannuate on 01-09-1999, has approached this Court invoking its writ jurisdiction under Article 226 of the Constitution of India, with a prayer to quash an order, contained in Memo No. 2281/P2 dated 01-06-2005 issued under the signature of Deputy Inspector General of Police (Personnel), Bihar, Patna (Annexure - 12 to the writ petition). By the said order, the representation filed by the petitioner, in compliance with order dated 15-10-2004 passed in C.W.J.C. No. 7677 of 1999, was rejected.

(3.) It is case of the petitioner that though, as per Matriculation Certificate, his date-of-birth was 08-01-1943, in the service book, it was incorrectly mentioned, as 26-08-1941. The petitioner was initially appointed as Constable and for the first time, in the year 1991, he examined his service book and thereafter, noticed that in the service book, his date-of-birth was incorrectly recorded. Thereafter, he raised objection, however; the objection was not entertained. Finally, on his objection in the year 1998, which was supported with the Matriculation certificate, the complaint of the petitioner was thoroughly enquired by the Deputy Superintendent of Police, who submitted his report to the Superintendent of Police, Madhubani, Darbhanga. After examining the report of the Dy. Superintendent of Police, which corroborated the allegation of the petitioner that incorrectly in the service book, his date-of-birth was recorded, as 26-08-1941 instead of 08-01-1943, the Superintendent of Police, Madhubani, vide its Memo No. 4266/Confidential (Annexure - 7 to the writ petition), requested the Assistant Inspector General of Police (Welfare) to take step for correcting the date-of-birth in the service book of the petitioner. It has been reiterated that on objection, the matter was thoroughly enquired and even the enquiry officer had visited the concerned school to verify the school record to ascertain the date-of-birth as well as the matter was examined from the office of the Bihar School Examination Board. In all the enquiry, it was found that the date-of-birth, as per Matriculation Certificate of the petitioner, was 08-01-194 It is not in dispute that as per photocopy of the Matriculation certificate i.e. Annexure - 1 to the present petition, the petitioner had passed Matriculation Examination, which was held in the month of March, 1959 and in the Matriculation Certificate, his date-of-birth was recorded as 8th January, 194 Since, even after the recommendation by the Superintendent of Police, vide Annexure - 7 to the writ petition, the claim of the petitioner was not considered positively, the petitioner approached this Court by filing a writ petition, vide C.W.J.C. No. 7677 of 1999 (Annexure - 11 to the writ petition). It has been argued that though the writ petition was filed in the year 1999, from the respondent/State, no counter affidavit was filed and in absence of counter affidavit, a Bench of this Court, vide its order dated 15-10-2004, disposed of the writ petition granting liberty to the petitioner to file a fresh representation before the Inspector General of Police i.e. respondent no. 2 of the said writ petition and issued following direction:-