JUDGMENT :

PARTHA SARTHY, J.

1. Heard Mr. Chitranjan Sinha, learned Senior counsel for the petitioner and Mr. Md. Nadim Seraj, learned Government Pleader for the respondents.

2. The petitioner has filed the instant application for the following relief(s) :-

“1. (i) For issuance of an appropriate direction, order or writ in the nature of 'certiorari' quashing the memo no. 314 dated 10.03.2011 and its consequential order as contained in memo no. 992 dated 20.03.2011 by which the petitioner was dismissed from service on nonest and non-existent ground in utter disregard to the order dated 19.05.2008 passed in L.P.A. No. 200 of 2008 and for further quashing the order dated 24.06.2014 as well as the order dated 11.08.2016 by which the appeal and the memorial respectively filed by this petitioner have been rejected in most arbitrary manner and complete non- application of mind by the respondents concerned.

(ii) For commanding the respondents to pay retiral dues of the petitioner i.e. pension, gratuity, leave encashment, insurance etc. including salary of the petitioner for the period from 01.02.2011 to 25.07.2011 which is due to be paid to the petitioner.

(iii) For further holding and declaring that the entire actions of the respondents against this petitioner is contrary to the order and direction dated 19.05.2008 passed in L.P.A. No. 200 of 2008 which is void-ab-initio and fit to be quashed.

(iv) For any other relief/reliefs to which the Petitioner may be found entitled to, in the facts and circumstances of the case.”

3. The case of the petitioner in brief is that having passed his matriculation examination in the year 1968, the petitioner was appointed as a Matriculate Constable in the Bihar Police Headquarters on 18.1.1970.

4. The respondent concerned recorded the petitioner’s date of birth in the candidates register as 19.1.1948 and the service book of the petitioner was opened. On being absorbed on the post of Writer Constable in the year 1974, the petitioner for the first time came to know about his date of birth having been mentioned in the candidates register as 19.1.1948. The petitioner immediately filed an application for correction of the date of birth. The application of the petitioner came to be rejected by order dated 10.3.1975 of the Superintendent of Police, C.I.D. The petitioner filed an application before the Deputy Inspector General of Police, Bihar, against the said rejection, however the same continued to remain pending without any order having been passed.

5. It is submitted by learned Senior counsel appearing for the petitioner that in the meantime on 9.2.1992, the date of birth of the petitioner came to be erroneously recorded in the service book as 19.1.1948. The service book had been opened on 6.3.1970 and the date of birth was entered therein on 9.2.1992.

6. It is the case of the petitioner that the petitioner once again filed several representations requesting the respondents to make necessary corrections in his date of birth as entered in the service book to be made 17.6.1953 as mentioned in his matriculation certificate.

7. No steps having been taken by the respondents lead to the petitioner filing CWJC no.826 of 2008. This writ application was dismissed by the learned Single Judge by order dated 12.2.2008.

8. L.P.A no.200 of 2008 preferred by the petitioner was disposed of directing the authority to correct the date of birth in the service record of the petitioner as 17.6.1953 in place of 19.1.1948, however giving liberty to the respondents to take appropriate disciplinary action against the petitioner if the petitioner had got wrongful entry into his service on wrong representation having been made by him in respect of his date of birth.

9. Learned Senior counsel submits that inspite of there being no material to proceed against the petitioner, the respondents initiated a departmental proceeding against the petitioner on 4.2.2009. An enquiry report was submitted in the departmental enquiry on 4.7.2009 and by order