SHANG DIN Vs. STATE OF J & K

JUDGEMENT

(1.) In the instant petition filed under Sec. 561-A Cr.P.C., the petitioner inter alia seeks quashment of FIR No.03/2014 dtd. 8/1/2014 under Ss. 420, 467, 468 and 471 RPC, registered at Police Station, Gharota, Jammu against the petitioner.

(2.) Before assailing the impugned FIR on the grounds taken in the memo of petition, it is in the fitness of things to give a short resume of facts leading to the filing of this instant petition.

(3.) The petitioner belongs to Scheduled Tribe Category and passed 8th Class from Public Model School, Mishriwala (Jammu) and also remained student of Government Middle School, Kote (Zone Bhalwal). The petitioner was appointed in the J&K Fire Services, Jammu Range as Fireman. The petitioner is performing his duties quite efficiently, honestly and to the entire satisfaction of his superiors. There is no adverse entry in his service record. It is further stated that one Yaqoob Hussain has made a false complaint against the petitioner before the Director General Fire and Emergency Services J and K, Jammu wherein it is mentioned that the petitioner has changed his date of birth in School certificate as 20/5/1977 instead of 20/5/1974. Upon this, Director General Fire and Emergency Services, J&K, Jammu wrote a letter to the Principal, Public Model School, Mishriwalla for verification of the date of birth of the petitioner. The Vice Principal, Public Model School, Mishriwala, Jammu wrore a letter dtd. 18/6/2008 to the Director General wherein it was mentioned that Sh. Shang Din (petitioner) was student of his Institution during the period 1/5/1994 to 31/3/1995; the petitioner passed 8th class examination in March 1995 from the said School. The School Leaving Certificate issued in favour of the Petitioner is under Ad. No. 36 dtd. 31/3/1995 is true and genuine as per School record. The certificate was got counter signed by the Dy. Chief Education Officer, Jammu. It is further stated that the Head Master, Government Boys Middle School, Kote zone Bhalwal (Jammu) wrote a letter to the Director Fire and Emergency Services, J and K, Jammu vide No. MS Kote dtd. 3/9/2008 wherein it was mentioned that Shanga S/o Mr. Noor Hussain was reading in Middle School Kote in 8th Class under Admission No.691/622 and D.C. issued in 23/1/1993. The petitioner appeared in 8th Class and declared fail. The School leaving certificate Duplicate is under process and will be produced later on. His date of birth as per School record is 20/5/1974 (Twentieth of May, NH and Seventy Four).Correction in the name has also been made as Shanga instead of Changa. It is further stated that the Principal, Public Model School, Mishriwala Jammu wrote a letter to the Director, Fire and Emergency' Services, J and K, Jammu vide No. PMS-18 dtd. 4/10/2008 wherein it was mentioned Shang Din S/o Sh. Noor Hussain R/o Kote MorhaTawa has passed 8th Class examination from this school in March, 1995. As per the records of this School, his date of birth has been shown as 20/5/1974 as per School leaving certificate issued by Govt. Middle School Kote (8th fail) and as per result register of this School 1994- 95 his date of birth has been shown as 20/5/1977. That thereafter the Director Fire and Emergency Services, J and K, Jammu wrote a letter to the Director General, Fire and Emergency Services, J and K, Jammu vide No. DF& ES/Estt/3481-84 dtd. 12/11/2008 wherein it is held that from the above, it is evident that the date of birth in figures in respect of Shri Shang Din has been erased/changed from 20/5/1974 to 20/5/1977 by the School Authorities of Public Model Middle School Mishriwala (when the actual date of birth in words has been mentioned same, i.e., 20/5/1974. However, it has- been already established by the concerned School Authorities that the petitioner has passed 8thClass examination from Public Middle School Mishriwala which is also evident from the Result Register. It seems that there is no fault on the part of the concerned official. As the petitioner was otherwise eligible to apply for the post of Fireman as per the Advertisement Notice after reckoning his age as on 1/1/1997 (the cut-off date for reckoning the age as per advertisement Notice), which comes to 22 years plus against the prescribed age of 28 years, as such, the petitioner was not required to get his age manipulated in order to derive any undue benefit for seeking Government job in the Department. It is accordingly recommended that the genuine date of birth i.e., 20/5/1974 as was verified from Government Middle School Kote (Zone Bhalwal) and duly attested by the Zonal Education Planning Officer Bhalwal may be adopted in order to set the service records right.