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| HC quashes removal order of CRPF trooper | | | Early Times Report
Jammu, Jan O7- In a significant judgment, Justice YP Nargotra of J&K High Court Jammu Wing, has quashed the order of removal of petitioner from service in the year 2001 and ordered that he shall be reinstated in service forthwith, with all consequential benefits.
This judgment passed in a petition filed by one Ravinder Kumar Singh then Havaldar in CRPF who was removed from service on the basis of two different dates of birth issued by the two different authorities.
Justice Nargotra while allowing the petitioner observed that the Court is of the considered opinion the answer to the question would be in negative. In the first place the respondents cannot validly assume only on the basis of variation in the two certificates over description of the date of birth of the petitioner, that petitioners correct date of birth is the one which has been incorporated by the Board in his matriculation certificate, there being no evidence available to dispute the correctness and genuineness of the school leaving certificate on the basis of which the petitioner was recruited in the force.
Court, after hearing Adv Surinder Kour appearing for the petitioner and Adv PS Chandel CGSC appearing for the Union of India, further observed that the respondents having accepted the correctness of the date of birth, as mentioned in the school leaving certificate while recruiting the petitioner, would not be legally justified for turning around after about 30 years, thereafter to say that date of birth of petitioner recorded in the said certificate was varying simply because his matriculation certificate was giving a different date of birth, especially when the petitioner was not claiming any benefit on such date of birth. With these observations Court allowed this petition and quashed the impugned order by virtue of which the petitioner has been removed from service with the order that petitioner shall be reinstated in service forthwith with all consequential benefits, where-after his request for voluntary retirement shall be considered as per the rules. JNF
After having rendered service of more than 24 years the petitioner applied for voluntary retirement. The date of birth of the petitioner at the time of his appointment on May 22, 1971 in the CRPF was August 16, 1951 as per the school leaving certificate while as his date of birth in his matriculation issued by Bihar Vidayala Priksha Simiti reflected his date of birth as August 16, 1953. The Commandant decided to hold departmental enquiry against the petitioner for having suppressed his actual date of birth at the time of his recruitment and after the finding of the departmental enquiry, the petitioner was removed from service on April 20, 2001, which was challenged by the petitioner through Adv Surinder Kour. JNF
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