Surendra Vikram Singh Rathore, J. - (1.) BY means of this petition the petitioner prays for issuing a writ in the nature certiorari for quashing the order dated 29.6.2007 passed by opposite party no. 2, Director General of Police, U.P., Lucknow whereby he was dismissed from the post of police constable.
(2.) IN brief the case of the petitioner is that he was selected and appointed as constable in the year 2005 and thereafter he was transferred to different police stations. Vide order dated 29.6.2007 the Director General of Police directed for the verification of the documents and certificates of all selected candidates. In compliance of the said order the school certificates of the petitioner were verified and it was reported by the S.O. that the date of birth of the petitioner was 1.5.1981 while the petitioner had mentioned his date of birth as 1.5.1984 and on the basis of this alleged misrepresentation in the application form, his services were terminated by the impugned order. It is argued on behalf of the petitioner that he had worked for more than two and half years and till then there was nothing against him and all of a sudden his services were terminated without any valid inquiry and without giving any opportunity of hearing. It is further submitted that he correctly mentioned his date of birth as 1.5.1984. The petitioner has filed the photostat copy of High School Mark -sheet for the year 2001 in which his date of birth has been mentioned as 1.5.1984. High School certificate has also been filed relating to High School Examination of the year 2001 in which his date of birth is mentioned as 1.5.1984. He has also filed a certificate to the effect that he belongs to O.B.C. Category and on this ground it is argued that since he belongs to O.B.C. Category, therefore, relaxation of age was permissible to him accordingly even if his age is taken to be 1.5.1981 he was within the prescribed age for his appointment on the said post.
(3.) IT is argued on behalf of the opposite party that the services of the petitioner were not terminated on the ground that he was not within the prescribed age limit but on the ground that he has mentioned false date of birth and has also filed forged certificate and mark sheet which were, in verification, found to be not correct. He had also on two earlier occasions appeared in High School Examination in which his date of birth was mentioned as 1.5.1981. It is further argued that a criminal case for fabrication of the documents bearing case crime No. 473 of 2008 P.S. Fatehgarh, District Farrukhabad under Sections 419, 420, 467, 468 IPC has been registered against him.;