Sunil Ambwani - (1.) -Petitioner has prayed for a writ of certiorari to quash the order dated 4.7.2002 passed by District Magistrate, Azamgarh retiring him w.e.f. 31.12.1999 on attaining the age of sixty years and to recover salary for the period he had worked after 31.12.1999 from his pension and gratuity and to lodge an F.I.R. against him for playing fraud in entering fraudulent date of birth in his service book.
(2.) I have heard Sri Ashok Khare, senior advocate, assisted by Sri Anil Kumar Mishra for petitioner and learned standing counsel for respondents. Brief facts of this case are that petitioner Brij Bhan Yadav son of Shri Mohan Yadav, a peon in the office of District Magistrate, Azamgarh, entered service declaring his date of birth to be 1.1.1953. A complaint was received on which a charge-sheet was issued to petitioner on 4.4.2001 stating that he entered into service on 1.6.1978 giving his date of birth as 1.1.1953, whereas in a case before Deputy Director of Consolidation, he gave a statement on 14.3.1984, to the effect that he is 45 years old, the transfer certificate issued by the Principal of Junior High School Rani Ki Sarai, Azamgarh, show that his date of birth, as recorded in school, is 1.1.1940 and his father's name is shown as Ram Das Ram, and in the family register, his date of birth is entered to be 1939. In the transfer certificate issued by the Headmaster of Primary School Semraha, the date of birth of petitioner's son Ram Tirath Yadav is recorded as 1.2.1958, and the date of birth of his second son is recorded as 1.12.1964. It is not possible for a human to have a son at the age of five years and thus, prima facie, his date of birth is not correct, and that he had played fraud in not giving his correct date of birth at the time of entering in service. The documents referred to in charge-sheet were to be read as evidence against him. Petitioner submitted a detailed reply denying the allegations. He claimed estoppel in raising the issue after 29 years, and stated that after the examination of documents and completing other formalities, the then officer in-charge Nazarat Sub-Divisional Officer had verified petitioner's signatures on service book on 23.9.1983 certifying his date of birth as 1./1.1953. There is no over-writing or cutting on the service book. According to the U. P. Recruitment to Services (Determination of Date of Birth) Rules, 1974, the date of birth entered in the service book at the time of entry is conclusive. In the statement given by petitioner before the Deputy Director of Consolidation, Azamgarh, it is mentioned that his father's name is Mohan and not Ram Das Ram as mentioned in the school leaving certificate. So far as the age of his two sons, namely, Ram Tirath Yadav and Surendra Kumar, is concerned, it was admitted by him that he is their father. However, he stated that his sons were admitted to school by his elder brother, who was the karta of Joint Hindu Family and that he cannot be held responsible for the incorrect information given by his brother.
(3.) THE enquiry officer reported that petitioner had concealed his correct age by producing a false school leaving certificate of Class VII to gain advantage in service and that a false entry has been made in his service book in connivance with officials in the year 1982. It was also found that Ram Das Ram was brother of petitioner's father Mohan. Banwari son of Ram Das Ram died at early age. In order to illegally acquiring his property, petitioner started using the name of his uncle Ram Das Ram as the name of his father. Smt. Dhiraji, widow of Ram Das, had sold her entire property in 1974 to Surya Bhan son of Mohan. At some places, his father's name was disclosed to be Ram Das which is reflected in school leaving certificate recording his correct date of birth as 1.1.1940. Petitioner was given a copy of enquiry report to which he replied on 6.11.2001. The District Magistrate found that the date of birth of petitioner's elder son of Ram Tirath Yadav is 1.2.1958 whereas petitioner's date of birth has been recorded in service book as 1.1.1953, which was totally absurd, inasmuch as petitioner could not have become father at the age of five years. Relying upon the school leaving certificate of Primary School Semraha, Azamgarh, he recorded a finding that petitioner's correct date of birth is 1.1.1940 and that he would have retired on 31.12.1999 on completing sixty years of age.;