LAWS(JHAR)-2009-4-117

NAWAL KISHORE TIWARI Vs. UNION OF INDIA

Decided On April 17, 2009
Nawal Kishore Tiwari Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 23.4.2004 (Annexure -14) passed by respondent no. 3 whereby the petitioner was removed from service. Challenge is also to the order dated 9.2.2005 ( annexure 16) passed by the respondent whereby the appeal filed by the petitioner against the impugned order dated 23.4.2004, was dismissed. Besides praying for quashing the impugned orders, the petitioner has also prayed for issuance of a writ of mandamus commanding upon the respondents to reinstate the petitioner with full consequential benefits and also to promote him on higher post w.e.f. from due date with all consequential benefits.

(2.) FACTS of the case of the petitioner lies in a narrow compass. The petitioner was appointed in the service of CISF on 27.6.1982. At the time of recruitment, he had produced relevant documents including the original certificate of the Bihar School Examination Board (BSEB for short) along with mark sheet issued by the Board in confirmation of his date of birth which, according to him, is 7.1.1959. He had also produced a certificate issued by the Middle School, Aurangabad, Bihar in confirmation of his aforesaid date of birth.

(3.) HEARD counsel for the petitioner and counsel for the respondents.