BABAN RAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed for a direction to the authorities to allow the petitioner to continue in service according to the date of birth as 05.10.1959 entered in the service book at the time of his appointment and to quash the order dated 25.07.2013 passed by the District Samdesta, Bihar Home Guard, Gopalganj by which he has communicated date of birth of petitioner has been changed from 05.10.1959 to 07.01.1955 on 11.09.1998.

(2.) Briefly stated the facts of the case is that the petitioner was enrolled and received training on 07.01.1975 as the member of Home Guard in Saran and his age was assessed as 20 years in the age column. Petitioner was appointed as Constable on 29.03.1981 and date of birth was recorded as 05.10.1959 as per date of birth mentioned in his school leaving certificate.

(3.) It has been submitted that after more than 17 years of service date of birth of petitioner has been changed in service book as 07.01.1955 without any information to petitioner. Petitioner filed an application under Right to Information Act regarding his date of birth and it was communicated that date of birth as in service book has been changed on 11.09.1998. Petitioner preferred an appeal against change of the date of birth as mentioned in service book by filing an appeal before the Up- Mahasamadesta, Bihar Home Guard, Headquarter, Patna and same was dismissed in which it has been stated that if the alleged date of birth of the petitioner i.e. 05.10.1959 is accepted to be true then he would have become ineligible for being enrolled as Home Guard Volunteer at the time of his enrollment on 07.01.1975 and thereafter he could have not been appointed in permanent service in 1981 as Spoy in Bihar Home Guard Organization. The issue has been decided by Patna High Court in a judgment as reported in 2013(2) PLJR 698 and C.W.J.C. No. 1363 of 2013 on 06.0201 It has been further submitted that from the information dated 10.02.1996 sent by the District Commandant Home Guard, Vaishali, it transpires that petitioner was enrolled for training on 07.01.1975 at the age of 20. It has been further stated that the change in petitioner's date of birth was made after giving him due opportunity by issuing show cause dated 05.04.1997 in which it was stated that at the time of basic training dated 07.01.1975 at Chapra in Home Guard Enrollment Register the age of petitioner has been recorded as 20 years. As such on basis of such entry made his date of birth should be 07.01.1955 but suppressing this fact he got his date of birth recorded in service book after regular appointment as 05.10.1959 and as such he was asked to file a reply to show cause that why his date of birth as recorded in service book 05.10.1959 not be changed as 07.01.1955. The petitioner submitted his reply and after considering his reply his date of birth in the service record was changed as 05.01.1955 in his service book and in his reply to said show cause petitioner has stated that the age recorded in nominal roll as 20 years must be recorded on the basis of certificate produced by him. Lastly in his reply he has stated that whatever will be the decision of authority he will accept it.