Rakesh Tiwari, J. - (1.) -The petitioner was appointed on the post of Collection Amin on 29.1.1965 in tahsil Sadar, district Varanasi. The petitioner passed his Junior High School in year 1985. In the School Leaving Certificate his date of birth is noted as 6.6.1946 which was also mentioned in the service book of the petitioner. On 6.1.2004, respondent No. 2 removed the petitioner from service with the allegations that the petitioner has tampered the Service Book and fabricated his date of birth 6.6.1946 instead of 6.7.1943. On 5.1.2004, respondent No. 2 passed an order directing the respondent No. 4 for lodging F.I.R. against the petitioner and to recover the amount of salary paid to the petitioner.
(2.) FROM the perusal of Annexure-3, it appears that the petitioner has made interpolation in the Service Book and taken benefits of 2 years service. He is said to have also embezelled huge amount of money recovered from the creditors by loan. By the aforesaid order dated 5.1.2004 the District Judge has directed for lodging of an F.I.R. and for taking disciplinary action against the petitioner. Annexure-3 is as under : ...[VERNACULAR TEXT OMMITED]... A criminal case for forgery and embezzlement has been filed and petitioner has been removed from service for forging his date of birth. This is a serious matter. It is not a fit case for interference under Article 226 of the Constitution of India. The petition is dismissed. No order as to costs.;