IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1740 of 2010 SRI SURESH MAHTO S/O LATE FAUJDARI MAHTO R/O VILL AUNTA, P.O.&P.S.MOKAMAGHAT, DISTT-PATNA Versus 1. THE UNION OF INDIA THROUGH DEPUTY INSPECTOR GENERAL , CENTRAL RESERVE POLICE FORCE MUZAFFARPUR 2. THE COMMANDANT ,133 BATALION, CENTRAL RESERVE POLICE FORCE SECTOR-II, DHURWA,AT & P.O.RANCHI(JHARKHAND) ----------- 03. 23.02.2010 Heard learned counsel for the petitioner and the Union of India. 2. Petitioner was appointed as Water Carrier in the CRPF on 14.6.1974 served the force to the satisfaction of the authorities is aggrieved by the order dated 6.1.2009, Annexure-1, whereunder he has been dismissed from the force on the ground that while seeking appointment he produced school certificate showing 20.11.1955 as his date of birth, which is incorrect in view of the subsequent verification from the District Education Officer as the correct date of birth of the petitioner according to the District Education Officer is 11.4.1958. 3. It is submitted on behalf of the petitioner that the aforesaid misconduct of advancing the date of birth was committed by the petitioner at the time of his appointment as the petitioner some how wanted to secure his employment and for that purpose he got his date of birth enhanced from 11.4.1958 to 20.11.1955 and thereby could obtain employment by convincing the authorities that he has attained the age of 18 years. It is further submitted that during the service period of about 34 years no misconduct was ever alleged and found against him and in appreciation of such fact the incorrect date of birth submitted by the petitioner at the time of enlistment in the - 2 - service may be condoned and he be allowed to continue to serve the force until he attains the age of superannuation as per the date of birth i.e. 20.11.1955, which he had given to the authorities at the time of enlistment. 4. True it is that while seeking employment one should not rely on certificates, which is incorrect but considering the fact that petitioner was seeking employment on the post of water carrier, a Class-4 post, the authorities of the force ought to have taken a lenient view in the matter. In appreciation of such fact, I direct the petitioner to avail the remedy of revision before the I.G., CRPF, who should consider the misdemeanour of furnishing incorrect certificate by the petitioner leniently and allow him to continue in the force until he attains the age of superannuation on the basis of his date of birth i.e. 20.11.1955. The revision application if filed within eight weeks from today along with a certified copy of this order be considered and disposed of by the I.G., CRPF in accordance with law as early as possible, in any case within two months from the date of its receipt. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)