- (1.) Leave granted. Heard.
(2.) When the respondent entered the employment of appellant, as he did not produce any documentary proof regarding his date of birth, his date of birth was entered in the service record as 11.1.1948 on the basis of his affidavit dated 4.2.1982 declaring the said date as his date of birth. As the age of retirement in the appellant corporation was 58 years, the respondent was to retire on 31.1.2006, with reference to the said date of birth.
(3.) On the basis of a complaint received, alleging that the real date of birth of respondent was 2.4.1945, the appellant by letter dated 26.8.1994, called upon the respondent to produce his school certificate. It also secured a school leaving certificate from the school where the respondent had studied, on 23.1.1995, which showed his date of birth as 2.4.1945. Respondent was prosecuted by the State for offences punishable under Sections 420, 468 and 471 IPC in Cr. Case No. 109-II/1998 on the file of the Chief Judicial Magistrate, Kangra at Dharamshala. The prosecution case was that though the appellant s date of birth was 02.4.1945, and his school records showed that date of birth, he had given a false affidavit claiming to be an illiterate born on 11.1.1948 to have a longer period of service. After trial, the learned Magistrate, by judgment dated 25.11.2002, accepted the prosecution case and held the respondent guilty of having submitted a false affidavit regarding age at the time of employment and sentenced him to rigorous imprisonment for one year.;