S.R. Roy, J. - (1.) The petitioner is an employee of the Bank of India with effect from 1 July 1965. On 17 November 1964, he submitted an application to the bank praying tor appointment to the said post and in the said application he declared his date of birth to be 21 January 1943, which the bank accepted on the basis of the horoscope which the petitioner produced in support of his date of birth.
(2.) In or about 1973 there was in force a rule known as Concession Rule in the bank which provided that a son or a daughter of a subordinate staff of the bank would get preference in the matter of employment in the bank. Taking advantage of the said Concession Rule the petitioner submitted the name of Ram Surat Pandey, his son, for appointment to the post of a subordinate staff in the bank and on the basis of the declaration made of him Ram Surat was appointed with effect from 16 April 1973. Ram Surat having declared his date of birth as 12 January 1953 and the petitioner's date of birth being 21 January 1943, the bank made an enquiry from the petitioner for clarification of the position since the difference in their age was only 10 years. On such enquiry being made, the petitioner replied that Ram Surat was not his natural son but adopted son.
(3.) Thereafter, there were several correspondence between the bank and the petitioner and ultimately the petitioner was served with a show-cause notice, dated 3 January 19 78, whereby two distinct allegations were made against him, namely, that he did not disclose his correct age at the time of appointment and that the alleged adoption of Ram Surat by him was false and illegal.;