HIGH COURT OF JAMMU AND KASHMIR
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(1.) NOOR Ali joined J&K Police Force as Constable on 13th of May 1964 and during the period todate rose to the rank of Inspector of Police.
Petitioners case is that his date of birth is 23rd of February 1946.
However, the respondents changed his date of birth from 22.3.1946 to
25.3.1944 and then to 25.3.41 without giving him any opportunity to rebut the same. While he was posted as Sub inspector in the Crime Branch in
1995, he came to know that he is superannuating in March 1999. He made enquiry from Home Department and came across a Govt. order No. Home -237
(Police) of 1983 dated: 9.5.1983, whereby the Government sanctioned
adoption of 25.3.1941 as his date of birth instead of 25.3.1944, pursuant
to Rule 6 -4 of J&K Financial Code. The petitioner was to retire ending
March 2004. Petitioner agitated the matter with authorities of the
department. Dy. S. P Crimes Srinagar under orders of D. G. P J&K
respondent No.2 is conducting an enquiry and has recommended that the
actual and accepted date of birth of the petitioner is 25.3.1941 and
regarding manipulation and forgery of figures in date of birth of
petitioner in his character roll, the enquiry is still on. The said Dy.
S. P. Crimes examined the record, collected petitioners school leaving
certificate and other material and confirmed his date of birth as 25.3
1941 as adopted vide Government order way back in 1983. The Government order of 1983 which has been passed in May 1983 came to the petitioners
knowledge only in 1995 and his date of birth was changed without
effording him any opportunity. Enquiry conducted by the Dy. S. P was at
his back without giving him any opportunity to place the case before
Inquiry Officer. As per School Leaving Certificate which the petitioner
has obtained from Govt. High School Bagdang (Nobra), his date of birth is
given as 22.3.1946. Petitioners date of birth could not have been changed
unilaterally to his disadvantage. The rules providing for entry of date
of birth in service records of petitioner have not been kept in view
while effecting the change in date of birth entry in his service records.
The petitioner is seeking quashment of the Government order of May 1983
(annexure -D), the sanction of Government to the adoption of 25.3.1941 as
date of birth of petitioner instead of 25.3.1944. Besides he is seeking
mandamus against respondents to superannuate him on the basis of
22.3.1946 as his date of birth entry after declaration of his date of birth so and for compensation.
(2.) RESPONDENTS have filed reply. Petitioners joining the Police Department as Constable in May 1964 and rising to the rank of Inspector
in 1980 is admitted. However, it is countered that the petitioners date
of birth is recorded as 25,3.46 in his service records, it is averred
that the entry regarding date of birth of the petitioner in his character
roll is forged and manipulated after erasure, in the character roll
petitioners date of birth figures at three places. However, all these
entries are interpolated and forged as 22.3.46, 25.3.44 and 25.3.41. At
the initial entry in service petitioners date of birth as entered in his
service record is 25.3.41. As this date of birth was erased and
re -written as 25.3.44 in his service records, the Government issued the
above order in 1983, giving sanction for adoption of 25.3.41, the actual
date of birth of petitioner, in his service records. The enquiry by the
respondents/Police Department preceded the above Govt. sanction order of
1983 and infact this order is the end result of such enquiry. The character roll of petitioner, who served in various wings of police
department, has remained with different agencies/wings of police
department and the responsibility is being fixed and matter investigated
as to the actual forgerer and manipulator of the entry. But all the same
the needle of suspicion points to the petitioner who alone is the
beneficiary of a change in his date of birth. The matter is still under
enquiry, though the enquiry officer, Dy. S. P. Crime has reported that
the date of birth of petitioner adopted as 25.3.41 and sanctioned by the
Government in 1983, is actual date of birth of petitioner as recorded in
his service records. The whole exercise is undertaken by petitioner to
get the benefit of extension in age and to continue in service beyond
March1999, when the petitioner is retiring. It is further alleged that
the petitioner despite being served the order of 1983 (annexure -D)
through his immediate officer on 3.7.1983, when he was serving in CID
department choose not to challenge the order till August 1998, when only
a few months were left in his service. Even if petitioners claim is
accepted that he acquired knowledge about the said order of 1983 only in
1995, still he took no action for three years till this petition was filed. Petitioner cannot claim extension of age at the fag end his
service by restoring to the writ jurisdiction of the High Court. Seeking
correctness in the date of birth entry in his service records recorded
over three decades ago at the initial entry in service, is motivated with
sole purpose of getting undue extension in service span. There is
unreasonable delay in seeking change of date of birth which by itself is
sufficient to reject the petitioners case.
(3.) IT is further contended that the case of taken on its face, is based on disputed facts. The date of birth claimed by the petitioner is
disputed by the otherside and even the record indicates it otherwise. The
forgery and manipulation of date of birth in character roll though
admitted, is contested on either side. The contention regarding specific
date of birth as alleged by the petitioner is a matter of evidence and
proof. Therefore, in these circumstances the writ Court is not the Forum
for seeking redressal for declaration and correction of date of birth.
The petitioners case is not merited even on this count.
The counsel for parties were heard at length. The service record including character roll of petitioner has been made available,
which has been also examined.;
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