Important pointSchool record will have more probative value than a horoscope as regards age of a person recorded in school certificate.

Judgment

Arijit Pasayat, J.—Leave granted.

2. Appellant-State calls in question legality of the judgment rendered by a learned Single Judge of the Punjab and Haryana High Court dismissing the Second Appeal filed by it under Section 100 of the Code of Civil Procedure, 1908 (in short the ‘Code’) holding that no question of law was involved.

3. The background facts are as under :

The respondent (hereinafter referred to as the ‘plaintiff’) was appointed as a Patwari on 5.2.1958. At the time of appointment he disclosed his date of birth to be 1.10.1934. Complaints were received and preliminary enquiry was conducted and it was held that his actual date of birth is 25.11.1931. A suit was filed by the respondent for declaration to the effect that his date of birth as recorded in service book i.e. 1.10.1934 is the correct date of birth and plaintiff is entitled to all benefits and privileges which would have accrued to him had be continued on that basis till the date of superannuation i.e. 30.9.1992 and for setting aside the punishment awarded for allegedly manipulating records and disclosing wrong date of birth.

4. Following issues were framed by the trial Court:

“1. Whether the High Court was justified in observing that no substantial question of law arises in the second appeal, whereas the substantial question of law was/is whether interpretation of the expression “Government” in Rule 2.5 Note 1 of Punjab Civil Service Rules is not competent/appointing authority, who is the Deputy Commissioner in this Case?

2. Whether as per Rule 2.5 Note 1 of Punjab Civil Service Rules, the date of birth entered in the Service Book of an employee cannot be changed by the Competent Authority after conducting a regular enquiry and giving proper opportunity of hearing to the said employee?

3. Whether submission of wrong date of birth at the time of joining service amounted to misconduct on the part of the said employee?

4. Whether the date of birth entered in the matriculation certificate shall not prevail over the date of birth mentioned in the horoscope?

5. Whether entering a correct date of birth in service book after valid enquiry qua the correct date of birth of the Respondent can be challenged, which was entered after affording proper opportunity of hearing and which is final and never challenged as bad?

6. Whether the respondent, who is literate and was qualified to be appointed as Patwari was supposed to know the admissibility of document in respect of date of birth, did not tamper with documents by submitting a wrong date of birth i.e. 1.10.1934 instead of 25.11.1931?

7. Whether a long span of 33 years ought to be allowed to come in the way to correct a false entry regarding date of birth made on wrong and tampered documentation of an employee, which undoubtedly being the date of birth shall seriously affect the services of the colleagues of the said employees in the same cadre?”

5. Learned Civil Judge (Senior Division) dismissed the suit holding that there was no ground to interfere with the orders of the Deputy Commissioner who, on the basis of the enquiry conducted, had observed that the date of birth was 1931 and not 1934 and if he had given actual date of birth he would have been over age and would not have been eligible for the post of patwari. The enquiry report of the Additional Deputy Commissioner was submitted on 21.5.1985. The Sub-Divisional officer, Sangrur who hold the enquiry held that the charge regarding change of date of birth from 25.11.1931 to 1.10.1934 was proved. The Deputy Commissioner dismissed the respondent from service with effect from 27.7.1988 after granting opportunity of hearing. An appeal was filed before the Commissioner who by order dated 18.6.1990 dismissed the same. He, however, reduced the punishment by observing that ends of justice would be met if he is reduced by one stage in his running grade with effect from the date on which he was charge-sheeted till retirement and he will not earn any i