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2006 Supreme(SC) 91

ARIJIT PASAYAT, ARUN KUMAR
Ram Saran – Appellant
Versus
I. G. of Police, CRPF – Respondent


Judgment

Arijit Pasayat, J.—Appellant calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court, Nagpur Bench, Nagpur, dismissing the writ petition filed by the petitioner under Article 226 of the Constitution of India, 1950 (in short ‘the Constitution’).

2. Background facts in a nutshell are as follows:-

The appellant applied for appointment as a Constable in Central Reserve Police Force (in short ‘CRPF’) and appeared for recruitment test on 1.5.1969. In support of his claim of age he produced a certificate where his date of birth was stated to be 1.1.1959. But in reality as was revealed later, his date of birth was 1.7.1951. Therefore, he was not eligible to be appointed as he was less than 18 years of age. He undisputedly rendered about 27 years of service. But on the basis of certain allegations he faced departmental inquiry. Article of charge reads as follows:

“ARTICLE-1

That the said HC No.690342131 HC Ram Saran of C/45 Bn CRPF has committed an offence on his part that he furnished a false information about his date of birth by making alteration in his school certificate to secure appointment as constable for which he was not eligible in term














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