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1992 Supreme(SC) 599

KULDIP SINGH, N.M.KASLIWAL
Executive Engineer, Bhadrak (Randb) Division, Orissa – Appellant
Versus
Rangadhar Mallik – Respondent


Advocates:
A.K.PANDEY, SURYA KANT SHARMA

JUDGMENT

KASLIWAL, J.—Special leave granted.

2. The respondent Rangadhar Mallik after joining government service on November 16, 1968 accepted his date of birth as November 27, 1928 by affixing his signature in the service roll. On September 9, 1986 for the first time the respondent made a representation for changing his date of birth from November 27, 1928 to November 27, 1938. After considering the representation of the respondent the Governor of Orissa rejected the representation of the respondent. The respondent as such was superannuated with effect from November 30, 1988 as having completed the age of 60 years. The respondent filed an application before the Orissa Administrative Tribunal challenging the aforesaid action of the Government. The Tribunal vide its order dated November 11, 1991 quashed the order of superannuation on the ground that the respondent was not afforded an opportunity of personal hearing before rejecting his representation. The Tribunal directed for holding a fresh enquiry and to reinstate the respondent in service forthwith. The State of Orissa and others have filed the above appeal challenging the order of the Tribunal.

3. We have heard learned counsel f




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