Amiya Kumar Mookerji, J. - (1.) This Rule is directed against an order of the Commissioner of Police dated 16.12.78 wherein he declined to change the order dated 20 7.78 passed by his predecessor the then Police Commissioner S. Basu refusing to correct the age of the petitioner in his service Record according to the Matriculation Certificate.
(2.) On 11th April, 1940 the petitioner was appointed a Constable in the Bengal Police. On 19th of February, 1944 he was promoted to the Assistant Sub - Inspector of Police. After partition, the petitioner was transferred from Bengal Police to Calcutta Police and Since then he is working in the Calcutta Police. At the time of first entry in the police service, according to the petitioner, his date of birth was wrongly recorded in his service book as 1.1.21 which was not the actual date of birth on the basis of the Matriculation Certificate. At the material time, the petitioner was examined by a Doctor who recorded the age after medical examination. The officer who prepared the service book of the petitioner also filled up the age in the service book taking the age recorded during the medical examination into account for the purpose of recording the date of birth in the service book. It is tho case of the petitioner that the said recording was made on mere guess though the petitioner declared that he was a Matriculate. According to the Matriculation Certificate the petitioner's date of birth is 1st April, 1923. In the service book the said date of birth was not verified on the basis of any authentic document. It is stated in the petition that the petitioner's date of birth was wrongly recorded in the service book not on the basis of the Matriculation Certificate but by mere guess. The authorities also never asked the petitioner to produce the Matriculation Certificate though it was incumbent upto them to verify the date of birth on the basis of the Matriculation Certificate and to pass an order fixing the year, month and date of birth. The petitioner came to know from the Calcutta Police Gazette dated 5.1.78 that the date of birth of one Sub - Inspector of Police Sri Sambhu Banerji was corrected on the basis of the Matriculation Certificate as it was wrongly recorded in his service book like that of the petitioner. On 27th of January, 1978 the petitioner made a representation to the Commissioner of Police, Calcutta praying for the correction of date of birth in terms of the Matriculation Certificate and to pass necessary orders for correction of the date of birth in his service book and other official records. On 28th of March, 1978 the order of the Deputy Commissioner of Police, Head Quarters was conveyed to the petitioner on the representations made by him. The said order reads as follows : "It is evident that at the time of recruitment the S. I. himself had declared his date of birth as 1.1.21. At that time lie must have suppressed the Matriculation Certificate as he would have been ineligible for appointment. The tearing off the relevant portion of the Verification Roll form is also significant. The explanation of the officer that he was on deputation to the Home Anti - Corruption Deptt. in 1956 for which he was unable to apply for correction of his date of birth is also untenable. The opportunity given by the Govt, in 1956 for reconciliation of discrepancies in the recorded date of birth of Govt, servants must have been circulated to all Deptts. and ignorance of the circular cannot be accepted as a valid ground in this case. In the circumstances the prayer of the officer for correction of his date of birth is rejected."
(3.) Thereafter the petitioner on 23rd of June. 1978 made another representation to the Commissioner of Police wherein he said that he could not produce tho Matriculation Certificate from the Calcutta University as he passed the said examination in 1939. He was examined by the Civil Surgeon, Barisal who recorded his age 19 years during his medical examination. On 20.7.78 the then Commissioner of Police, S. Basu passed the following order:- "As he would have been below the age of recruitment according to Matriculation Certificate, it cannot be accepted for verification of age at this stage. Age recorded by him at the time of recruitment has to be accepted.";