- (1.) R.R. Prasad, J.
(2.) THE grievance of the petitioner is that respondent No. 2 in spite of attaining the age of superannuation has been allowed to be continued in service by the respondent No. 1 in his office (Coal Mines Provident Fund Organization, Dhanbad). In this regard it was submitted that when the respondent No. 2 committed murder of the father of the petitioner, a case was registered against him under Section 302 and other allied sections of the Indian Penal Code. In course of trial, he disclosed his age as 60 years on 19.7.2004 in his statement made under Section 313 of the Code of Criminal Procedure. Therefore, information was given to the department about the age of the respondent No. 2 and it was questioned as to how he, even after attaining the age of 60 years, is being allowed to be continued in service but when nothing was done in the matter the petitioner has preferred this writ petition.
(3.) A counter affidavit has been filed on behalf of respondent No. 1 as well as respondent No. 2 wherein it has been stated by both the respondents that date of birth in the service record has been recorded as 26.2.1962 on the basis of educational certificate and as such, the petitioner has not attained the age of superannuation.;