^ •^.:^ c:.' ^ ^-: ^ n B3FORE. 'XHE HON'-SLE M.P .STATE ..ADMINISTRATZ'VS TRIBCJNAL BBNUH AT RAIPIJR (?'IP) Or^gj^al ^Egl^SS^on, ^o ../99_^x^ ^^^^ Fakira Khan Son-of Shri Ifehtab Khan Residence at Baramkela^ Tahsil Sarangarh^ District Raigarfa (M^P^) Versas !<. State of M^P,. 'Shroagh Becretary Pablic Works Department Balla.bh ;BhaiAraa^ Bhopal (iCP) 2 <» Engineejr ia Chief Pablic Nbrks Department^ BallaNt Bhawaz^, Bhopal (MP) 3o Execative Engineer .Pablic yforks Department^ Haigarh^ District Raigarh (MP) 4<, Sub-Dxvlsional Offioer^ Pablxc vforks Departnienty Sarangarh^ Dist^ Raigarh (MP) .. APPLICANT . NOH-APPLIGJU'JTS APPLZC&TION UND2R SECTION 19 OF THE ADMINISTRATIVE TRZBJNAL ACT 1985. :C-22 3T[^T^T Rril<=h 3TR^T 5^^ich ^iii^ -s^ ^||^id<LI, ^Til^^ico. f^cni^y ^I^C'tF^HT^ 37T^T '^SR ...^..C^..2-o.^o5 200 ^^ST' ^TT^T ^RTT^R ^Ti^T SB: Ho^bte Masiiadra M^haii Stiri^asta^i^ J. 26.02.2010 Shri S.S. Rajput, counse: / Shri Arviiid Dubey, Pa&e Heai-d. Instmit petition has beei account of actiou of respond| froia ser^ice w.e.f. 9.6.1998 ^j A-l). Case of the petitioner is pi'miary school certificate is birth accordnig to which he is he was workiag as Mate io. Public Works Departoient, dated 8.6,1998, he has been effect. Submissiou of learued per petitioner's clami, his da^ recorded ni tlie certificate Educatiou Officer, District, birth as 15.8.1950. In th^; Panchayat (Annexure A-3) chi14f<n4l'i "^TR^if ^ f^S iT^\^€\i ^3Tf^P?3^?T for fhe petitioner. Lawyer for fhe State. filed by tlie petitioiier aggiieved on ?sits by which he has been retired tide order dated 8.6,1998 (Annexure tliat his date of birth accorduig to 15.8,1950 aad tliis was tlie date of ^ntiUed to contiiiue io. sexvice. WhUe the office of Sub-Divisional Officer, igarh, District-Raigarh,.vide order iretired froni seivice wifh iiniaediate Sal:an ^ounsel for the petitioner is that as ofbirth is 15.8.1950. This was so ^Anuexure A-2) issued by Distdct taigarh which contams his date of certificate issued by tlie Gram ^hat veiy date of btrth has been i^-?fw i.XI-HC-22 ^TT^T^T R-lich <3Ti^T 5h^icb TFft^ -3~sr '^[pn^r. ^ftw^* f^^i^y •STli^T 1QRT^? 'Rl^c'll ^^^—****•****'*••••'*•*'**•**** ^^ 200 "^^sy" 3TT^T "^yTSsR ^rf^T -z-1 ttdd recorded. Petitioner submit.Nc Engmeer, P.W.D,, Raigarh tliat he has beeii retired thoi Leanied counsel for fhe date of birtli as reflected froni such petitioner could not be counted witli reference to 15.1 is assaited on the subniissifc issued to the petitioner nor was giveu, No disciplinary ac^ icapugued order dated 8,6.1^ aa.y iuquiiy aad witliout opportunity of defence. It is| order is patently, arbitrary pjraym^ pet^tlonei SS10U 19198 anfi. Submission of leamed c coBiplamt inade, iaquinr wa! issued to the petitioner on submit origin.al certificates iu birth pursuant to niemo datec Iii tiie said iaqiiir)^ Statioii Baramkela submitted his re.t Raigarh aiid a copy of saine Eiigio.eer. It was found <=hl^Id<4lT1 'RTR^Tf'? 'fe1^ ifa^K ^'srf^W 3TI^?T a representation to the Executive p|raymg for his reiiistatement statmg JLigh he had not conipleted 60 yeai's. 4tioner subinits tliat the petitloner's vadous documents is 15,8,1950, as i^tired before he attaiiied 60 yeai's age .18,1950. The action of tiie respondent tliat no show cause notice was p montlis' notice prior to retirenient |:ion was ever taken against him. The has been passed witliout holdiag giviag reasonable and adequate also submitted fhat the impugned illegal. jounsel for tlie respondents is tliat 011 .^ got conducted. A notice was also p.7.1996 requiring the petitioner to jtlie mquiry wifh regard to his date of 7.7.1996 ofthe Executive Engineer. House Officer of Police Station - ^ort to fhe Supermtendent of Police, iwas also endorsed to the Executive tlife.t tiie date of birth recorded ia r-.'t^ •^P'Tt •?.~^^. ^•y<. ^ i4rf^¥HC-22 ,W^"J3 v ^^ S^T^T fcTii<=b ^j^ 5t)^icb ^T{tFT ^^ ^l^td<Ll, ^nl^^Ko, f®(<yti^iy STli^T ^^K WWTT^b^lcb "^n, 200 •fq^sr' ^n^i'^TTa^ ^rf^r ^ Itlhas tlie certificate is not correct, the course of mquiry, stateme|at brotlier-ni-law Maksood AU wl coUected froni Head Master Bai'aaikela, froHi which it was| age of Ra^jak Khao., son oi 24.6.1959 which clearly show^ by tlie petitioner was not contect tliat aiiotlier certi&cate of on^ the petitioner was also coUectep. recorded as 5,4.1948 which al^o notibe disclosed by the petitioner petitioner is aot correct, It is natural justice has been duly| given an opportunity vide certi&cates ioi fhe said iD.quir^t an.y certificate io. spite ofj Thereafter, lookmg to fhe date of bn'tli submitted by ft petitioner was imniediately a(id I have considered fhe rii for the parties aiid perused fh^ cfti^f<n<fli 'RFT^f ^ 'fe^st <F3i<^i< '^37f^R3Ti^T also been submitted tliat durmg of fhe petitioner himself and his ?re recorded. Certificates were also of Janpad Pmuary Boys School, Irevealed tliat in the school rccords, petitioner has been recorded as that the date of birth as disclosed oue. Further it has been stated Juninie Khaii, yoiinger brotlier of ni which his date ofbirtJh. has been iadicated tliat fi.ie date ofbirtli as the certi&cate subniitted by the |iext contended that fhe prmciple of [compMed witli as fhe pctitioner was dated 9,7,1996 to subniit origio.al I, but tlie petitioner faUed to subsiiit reminder letter dated 2.9.1996. and tlie iiiqiiiry wifh the ic petitioner earMer beiag doubtful, from. service, circft.inistao.ces rettred ^al contentions inade by fhe counsel record. 1 -:nr^ -§-f7-yrt (•y^ii '-^^ ^XI-HC-22 -STT^T^T f<rlich 3T(^I 5b^i<=h ^rficT ^riii 111^- -^^ ^WW^, ^W^. ^w^y. 3'n^r 'tRT^ uo ^W<f\[ ^^^'"————^p^ 200 'I^^T' ^TT^T ^^TIW ^f^T ^ Raidarh It is not disputed th^ 15.8,1950 was recorded as th| apparent fhat the said eairy be recorded and sonietmie m.1 aii iiiquiry was raade. In fhat autliority naxaely Executive ttie poMce aad soine report. Officer, Police Station, Superm.teudent of PoMce, 10.12.1999 (Annexure R-l). of tlie petitioner and his bro1 certi&cates were collected. Tht tlie S.H.O. oftlie P.S.-BaramN the petitioner, copy of saaie Engiaeer. From. fhe penisal appears tliat such report supplied to tlie petitioner, different iiistitutions on whid however, tliose docunients ^ What is io.terestiag is to no[ officer was raade basis to retht It is iaterestiag to uote and even before report subniii by Uie Executive Eugiaeer on <^l^t<rt4i'l 'RTR'^f ~? 'fe^t <p3l<^l< iT 3?ff^m ^TT^T ^t at ttie tiiiie of entiy m service, date of birth of the petitioner. It is riiade ia fhe service book continued to |the year 1996 on certaia complamt ^iiquuy, it appears fhat departoiental pngnieer haaded over tlie niatter to ^as prepared by tlie Station House B^ramkela an.cl subniitted to fhe d^arh, as is reflected froni meiao dated [he said report states that statem.ent llier-iii-law was recorded arid certam report contains finduig recorded by |ela wiih regai'd to tiie date ofbirtli of Ihas been endorsed to the Executive ^f report filed by the respondents, it T^repared by fhe S,H,0. was uever certificates were collected from basis, S.H.O. arrived at conclusion, rere not suppUed to tlie petitioner. te fhat report prepared by a poUce the petitioner froni service. Cdrtaia Iiat thls entire iaquir)r had contiaued ted on 10,12.1999, orderwas passed 8.6.1998 retixliig fhe petitionerw.e,f, i.:n^ ^ft^ 1 ^r1'::^. l^"-b-HC-22 V ^€/ 3TI^T^T RTli5h 3T[^I 9h4^ich ^rft^ ^ocT ^ii<4idq. ^Tlly^i^, ^<ni^y 37I^?T 'q^T^ yl ^i^^l 'g^qj^p-'**—***•—'*****•*—"—""^F^ 200 fci-bc^r"*'****'*"*'* 3n^T^<n^RTrf^T -s^ 9.6.1998. No material has Executive Engio.eer held amved at satisfaction wifh petitioner, solne |been brought on record tliat fhe iEiqiiiiy, collected material and to tiie correct date ofbirth ofthe re^ard This petition was fUed thereafter fhe report of flie S. of PoMce with a copy endors^d dated 9.7.1996 requu'ed fhe| origiaal statitig that aa inquir^ memo dated 1.7.1996 of whatever niaterial was coUecNd It is uot known as to what EugHieer retii'ed tlie petition| 9.6.1998. Admittedly 15.8.1950 the petitioner ia his sen^ice b<] the respondent authorities to| of hearmg before proposiag service book regai'ding tlie havmg not beeu done, fhe imj the petitioner w.e.f. 9.6.1998| rmpugned order is set aside. Public Works Departraent, <=til^t<n<flri 'RTR^Tf'? 'ft^ iRsK^K '^'3^R^3T^T |by the petitioner on 27.9,1999 aad ^I.O, was seut to the Superintendent to fhe Executive Engiaeer. Notice petitiouer to subiiiit certificates in. has been nistituted pursuaiit to tlie Executive Engmeer, Thereafter was not suppHed to fhe petitiouer. tlie basis on which fhe Executive fer vide order dated 8.6.1998 w,e.f, t|he W<1S ¥Fas recorded as tlie date of birth of i<|)ok. It was mcumbent on the part of |afford the petitioner aa opportunity chaage in. the entiy made ia tlie of birth of tiie petitioner. This im^ugned order dated 8,6.1998 retirmg caiiuot be sustaiaed, Consequenfly, Ifespondent No.3 Executive Engmeer, shatl disclose each aiid eveiy ^iiy dfcte R^igarh 1 'ftA "e-f^^ f'&^s.a J ^ . -,^ 'Xi,HC-22 IT A v"^^^/' \m^/^ ^.. ^" "-?53S^:<-< 3^T^T f<rii<=^ 'STi^T ^ ^^ich ^lii^ Smlia -5-sr r^i^td^, ^>Ti1<i^<o. [®i<ni^li< 31T^T "q^? u^ ^(^^tl ^^j^........................—.......^p^^^ •fq^T" T 37T^T'^TT^R'Hftn c-1 adverse inaterial coUected 10. ij whith led to issuao.ee of im| affording due opportunity explaiiation along wifh oral oi| ia date of birtih. is found entiUed to atl fhe service aad retired treatiiig his| up(j>n consequei|itial <=tii^f<n<flri HI^<^T'^ Fs^l <P»i^i< '^'^Ti^mw^T iqutry, ifmiy, against tlie petitioner pugned order dated 8.6.1998 after Lo tiie petitioner to subiait his documLentar}r evidence. Ifiio chaiige such iaquny, petitioner shall be benefits had he contiaiied ia date ofbu-tti as 15.8.1950. Petitiou is accordmgly a|lowed. No order as to costs. Sd/- Manindra Mohan Shrivastava Jude I'nA %'fT^