- (1.) The petitioner is seeking quashing of the order dated 3.8.2010 whereby the D.I.G. Police Moradabad Region Moradabad has rejected the petitioner's departmental appeal/representation dated 3.3.2010 and held the petitioner's date of birth to be 10.12.1982 instead of 10.12.1983; as well as the order dated 8.8.2007 whereby his services have been terminated.
(2.) Briefly stated the case of the petitioner is that he was appointed as Constable in the U.P. Police on 26.6.2005 and posted in Bijnor. On 8.8.2007 one Arvind Kumar Singh, Officiating Head Clerk, Police Office, Bijnor lodged an FIR under sections 420, 467, 468 and 471 I.P.C. alleging that the date of birth of the petitioner is 10.12.1982 and that by fraudulent means he has shown his date of birth in his service record to be 10.12.1983. On the lodging of the FIR the services of the petitioner were terminated by an order dated 8.8.2007. Aggrieved by the F.I.R. the petitioner filed Criminal Misc Writ Petition No. 14376 of 2008 in which it was directed that till the next date of listing or till submission of the charge sheet whichever is earlier the arrest of the petitioner shall remain stayed. Thereafter the petitioner filed W.P. No. 55549 of 2009 which was dismissed on 6.11.2009 with liberty to file fresh writ petition. In the criminal proceedings charge sheet was filed by the Investigating Officer on 15.11.2008. The petitioner, thereafter filed an application no. 6341 of 2010 under section 482 Cr.P.C. in which the High Court by order dated 20.5.2010 stayed further proceedings of criminal case no. 715/9/2009 under sections 420,467, 468 and 471 I.P.C. In the meantime against his termination order the petitioner is stated to have filed a departmental appeal on 5.12.2009 and by the impugned order dated 3.8.2010 his departmental appeal has been rejected. According to the petitioner in his High School mark sheet as well as High School Certificate his date of birth is clearly mentioned as 10.12.1983. It is stated that the Certificate of the petitioner was also got verified from the Madhyamik Shiksha Parishad, Varanasi and the same has also been verified. It is also stated that the High School Certificate of the petitioner and other documents have also been verified by the Principal of Shri Brahm Baba Maa Yashoda Lalu Baba Memorial Inter College (hereinafter referred to as the 'College' only) wherein his date of birth has been stated to be 10.12.1983 but it is also stated therein that in the Gazette the date of birth of the petitioner has been shown as 10.12.1982.
(3.) In the counter affidavit filed on behalf of the respondents it is not denied that the Principal of the College where the petitioner was studying has on the basis of entries in the register given a certificate that the date of birth of the petitioner is recorded as 10.12.1983 but in the Gazette his date of birth actually is 10.12.1982 and the letter to that effect has also been written by the Regional Secretary, Madhyamik Shiksha Parishad, Varanasi by his letter dated 23.7.2007 informing that the date of birth of the petitioner in the Gazette is recorded as 10.12.1982 and the same date is available with the Regional Officer of the Madhyamik Shiksha Parishad. The letter of the Regional Secretary, Madhyamik Shiksha Parishad has been filed as Annexure-2 to the counter affidavit. It is further stated that in view of the entry of the date of birth of the petitioner in the Gazette notification his date of birth has rightly been determined to be 10.12.1982 and his appeal has been rejected by the impugned order.;