GAZI SAFDAR HAYAT KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is preferred against the order dated 11.09.2012 passed in

(2.) The appellant was recruited as Constable in the Department of Police in the year 1968 i.e. on 7.11.1968. After joining, the appellant passed the matriculation examination in the year 1970, wherein his date of birth was recorded as 7.06.1950. Thereafter, the appellant was selected as Writer Constable in the year

(3.) By Memo No. 4894 dated 24.12.2009 (Annexure 11), the appellant was informed that as per his date of birth 7.6.1950, as mentioned in the service book, he is going to retire on 30.6.2010. However, an audit objection was raised regarding date of birth of the appellant and it was alleged that date of birth of the appellant was manipulated and audit objection was raised that his date of birth dated 7.6.1950 was stated to be a wrong entry. Based on the said audit objection, vide Annexure-2, dated 18.5.2010, the appellant was suspended on the ground that he had manipulated his date of birth. Vide Memo No. 2228 dated 30.5.2010 (Annexure 3) charges were framed against the appellant. Vide Memo No. 2268 dated 31.5.2010 (Annexure 4), the appellant was ordered to be retired from 30.11.2007 by considering his age as 21 years as on 7.11.1968 when the appellant entered into service. By Memo No. 3818 dated 25.6.2012 (Annexure 13), an order was passed for recovery of the amount paid to the appellant between the period December, 2007 and 30thth April, 2010 and it was also ordered that recovery would be made form Gratuity/ Provident Fund/ Leave Encashment and other retiral benefits of the appellants.