MOHAMMAD SAMIL KHAN, RECRUIT CONSTABLE Vs. STATE OF U.P. AND 4 OTHERS
LAWS(ALL)-2015-9-456
HIGH COURT OF ALLAHABAD
Decided on September 23,2015

Mohammad Samil Khan, Recruit Constable Appellant
VERSUS
State of U.P. and 4 Others Respondents

JUDGEMENT

Mahesh Chandra Tripathi, J. - (1.) Heard Shri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned orders dated 24.8.2007, 8.5.2013 and 1.8.2013 and has further prayed for direction to the respondent authorities to reinstate him on the post of Constable, treating him continuous in service and to pay all the arrears of salary from the date of his dismissal with all consequential benefits.
(3.) It appears from the record that the petitioner applied for and was selected on the post of Constable in Civil Police. He joined his duties on 5.12.2006 and completed the training. Thereafter, he was allotted District J.P. Nagar. At the time of filling up the application form, he had mentioned his date of birth as 8.8.1986 and filed the mark sheet and certificate of High School Examination, 2004. The aforesaid certificate was sent for verification to the Regional Secretary, Madhyamik Shiksha Parishad, U.P., Regional Office, Meerut, who vide letter dated 21.8.2007 informed at serial no.2 that the date of birth of the petitioner was found forged and instead of 8.5.1986, it was recorded as 8.8.1986. By the impugned order dated 24.8.2007 the Superintendent of Police, Jyotiba Phule Nagar dismissed the petitioner from service. Aggrieved by the aforesaid punishment order, the petitioner filed the departmental appeal before the Deputy Inspector General of Police, Moradabad Range, Moradabad on 13.7.2009, which was dismissed on 8.5.2013. Thereafter the petitioner filed the departmental revision before the Inspector General of Police, Bareilly Zone, Bareilly on 26.5.2013. The revision was also dismissed on 1.8.2013.;


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