LAWS(RAJ)-1978-3-28

MOHD. ISHAQ Vs. STATE OF RAJASTHAN AND OTHERS

Decided On March 30, 1978
MOHD. ISHAQ Appellant
V/S
State of Rajasthan And Others Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The petitioner had mentioned his date of birth in his service record as 16-10-1923, but in his application made to the Rajasthan Pushi Service Commission for the post of the Transport Sub-Inspector, he had entered his age as 8-7-1922. This application was also accompanied by the discharge certificate issued by the School authorities, where also the date of birth of the petitioner was shown as 8-7-1922. In view of this admission, the authorities issued a notice to the petitioner, which is exhibit 5, wherein he was called upon to show as to which was his correct date of birth. The authorities have taken 8-7-1922 as the correct date of birth and in pursuance of that date, the petitioner has been retired. The petitioner challenged his retirement order before the Rajasthan Civil Services Appellate Tribunal. The Tribunal took note of the petitioner's admission and also of exhibit 5 and came to the conclusion that the petitioner has been rightly retired with reference to his date of birth being 8-7-1922. In view of the petitioner's admission, it cannot be said that there was any failure of substantial justice. The Tribunal has taken the view with which I broadly agree. I, therefore, do not see any justification to interfere with the order of the Tribunal. The writ petition is, therefore, dismissed summarily. Petition dismissed.