BHOLA RAM Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia, prayed for quashing the impugned order dated 30.05.2014 vide Annexure 12 to the writ application issued by Inspector General, (Prison), Government of Jharkhand, Ranchi - respondent no. 2 and Memo dated 31.05.2014 (Annexure 13) on the ground that the petitioner has been retired from services prior to the date of superannuation due to the alleged mis-description/overwriting in the service book without signature of the competent authority.

(2.) The facts, as delineated and described in the writ application, in a nutshell is that initially the petitioner was appointed as warder under the respondents and was posted as such in the Central Jail, Hazaribagh with effect from 01.05.1983 and continued to discharge his duties to the utmost satisfaction of the superior authorities and the petitioner throughout his service career has got unblemished service record. After lapse of about 30 years of service, abruptly a letter was issued to the petitioner on 20.08.2013 (Annexure 1) stating therein to submit document in relation to actual date of birth as there is certain discrepancy in the service book showing date of birth as 14.05.1964 when compared with the medical fitness certificate conducted at the time of appointment of the petitioner showing date of birth as 14.05.1954. On receipt of Memo dated 20.08.2013, the petitioner submitted his reply dated 22.08.2013 (Annexure 2) objecting the contention of the respondents in the letter stating the date of birth as 14.05.1954 and prays one month's time to file necessary documents showing date of birth as 14.05.1964. Again reminder was issued to the petitioner on two subsequent dates 02.12.2013 and 07.01.2014 to produce necessary document showing his date of birth as 14.05.1964, failing which the petitioner would be deemed to have been retired on 03.05.2014. In pursuance to the aforesaid letters, the petitioner submitted schooling leaving-cumcharacter certificate issued by Nirmal High School, Hazaribagh, in which, his date of birth has been shown as 14.05.1964, as evident from Annexure 4 and 4/A of the writ application. After receipt of the said certificate, the Jail Superintendent, Hazaribagh conducted an enquiry from the District Education Officer in order to verify the veracity of the document. The District Education Officer referred the matter to School Sub Inspector, Corporation, Hazaribagh to conduct enquiry and submit report. Accordingly, the School Sub-Inspector, Hazaribagh enquired into the matter and submitted report dated 24.04.2014 (Annexure 7) to the District Education Officer stating as follows:

(3.) Counter affidavit has been filed on behalf of respondent no. 3 and 4 controverting the averments made in the writ application. It has been stated in the counter affidavit that the petitioner was appointed as Jail warder in Jail on 1.05.1983. During process of appointment, health check up was made by Civil Surgeon-cum-Chief Medical Officer, Hazaribagh, who entered his date of birth as 14.05.1954 in the Medical Fitness Certificate. Furthermore, the G.P.F. Officer, Hazaribagh vide letter date 294 dated 23.05.2014 has also communicated date of birth of the petitioner as 14.05.1954. It has been submitted that the date of birth entered in the service book is suspicious due to over-writing. It seems initially the date of birth was entered as 14.05.1954 and later on after over-writing it has been made as 14.05.1964 by different inks. Hence, the petitioner was asked to submit his Birth Certificate. After various letters, Transfer Certificate (School Leaving Certificate) was sent by him. After verification by the District Education Officer, Hazaribagh, it came to surface that the aforesaid school was affiliated by the then SubDivisional Education Officer, Hazaribagh only for class IV to Class VII and not affiliated to CBSE, ICSE and Jharkhand Academic Council. Since, the said certificate shows that the petitioner was studying in Class IX, the certificate was not acceptable. It has further been submitted in the counter affidavit that the matter was lastly referred to I.G. Prison, Jharkhand who after verification of all relevant letter, cross examination of petitioner, declared the date of birth of the petitioner as 14.05.1954 vide letter dated 30.05.2014 (Annexure B).