DEVENDRA NATH RAI Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) Heard through V.C.

(2.) The instant writ application has been preferred by the petitioner praying therein for quashing the order dated 17.03.2009 issued vide letter No. CIL/VIG 1458; whereby punishment of removal from service has been passed against this petitioner in a disciplinary proceeding held for suppression of actual date of birth and also for a direction upon the respondent-authorities to make payment of all the arrears of monthly wages and retiral benefits for which the petitioner was entitled as per superannuation notice.

(3.) The relevant fact as disclosed in the instant writ application is that the petitioner passed his matriculation examination in the year, 1967 and intermediate examination in 1969 and completed his graduation from Degree College Gajipur in the year, June 1971. He was appointed as General Mazdoor where he has recorded his date of birth as 03.07.1952 in Form-B register. On 02.11.1976, the respondent-Company invited application from its eligible employees for appointment on the post of Welfare Officer in the executive cadre and the name of the petitioner along with his application was forwarded for due consideration along with necessary certificates. In the aforesaid application the date of birth of the petitioner was mentioned as 03.07.1949 based on the Certificate issued by the Education Council. The petitioner was selected and was called for interview and as per the requirement of the interview Board; the original matriculation certificate along with other documents were submitted wherein his date of birth has been recorded as 03.07.1949. Thereafter, the petitioner was transferred to WCL in the year, 1980 and again on 15.08.81 he was transferred from WCL to BCCL. The grievance of the petitioner is that though he joined his service way back in the year, 1971, but at the fag end of his service he has been terminated on the alleged charge that the petitioner has recorded incorrect date of birth in official records, which was subsequently found by the management that his real date of birth; which was actually 03.07.1949, was suppressed and the petitioner get recorded his date of birth as 03.07.1952.