- (1.) Heard the counsel for the parties.
(2.) The original petitioner, Pashupati Nath Verma has been substituted by his son, Jitendra Nath Verma on account of death of the petitioner during the pendency of the writ application. The petitioner- employee has sought quashing of the order of punishment dated 8.8.1996 by which a punishment of withdrawal of only 10% of the pension for the period of 5 years was allowed to him. He has also assailed the appellate order dated 7.9.1998 as well as order dated 16.4.1999 by which he was communicated about the fate of the appeal. Petitioner has also prayed for a direction upon the respondents to pay wages to the petitioner for the period 1.2.1992 to 17.7.1992.
(3.) The facts which are relevant for deciding the issue are as follows. The petitioner claim to had been appointed as Assistant Grade III under the respondent- Damodar Valley Corporation (D.V.C.) on 8.2.1957. According to him in the year 1981 he made an application for correction of his date of birth in the service book which was recorded as 3.1.1934, since his correct date of birth was 3.1.1937. The petitioner was however, asked to retire on 31.1.1992 as per the date of birth recorded in his service book. Subsequently, he produced a copy of matriculation certificate of Bihar School Examination Board(B.S.E.B) wherein according to him the date of birth was recorded as 3.1.1937. However, when the petitioner again protested on reaching his superannuation on 3.1.1992 vide his representation dated 19.2.1992 ( Annexure-5), vide letter dated 3.4.1992 of the Joint Secretary, B.S.E.B, the D.V.C. was informed of his date of birth as 3.1.1937(Annexure-6). On communication made to the B.S.E.B, Patna by the Director of Personnel, D.V.C vide Annexure-7, the Joint Secretary replied on 4.7.1992 reiterating the date of birth of petitioner as 3.1.1937. The petitioner was allowed to resume duties on 18.7.1992. However, it appears that the Chairman of the B.S.E.B gave his response on 19.2.1994 to the letter of the Vigilance Officer, D.V.C vide Annexure-11 that the actual date of birth is 3.1.1934 and not 3.1.1937. The petitioner was charged for having resorted to forging document in getting his date of birth corrected and continued in service on that account. The petitioner in the meantime retired on 31.1.1995. The departmental proceeding, thereafter concluded after his retirement and after due show cause to the petitioner the order of punishment was passed allowing him to withdraw only 10% of the pension for 5 years. His appeal was also rejected vide impugned order dated 7.9.1998 by the Chairman, D.V.C. and the fate of his appeal was communicated to him on 16.4.1999.;