(1). LET affidavit filed by the respondents be kept with the record, Heard the learned Advocates appearing for the parties.

(2). THIS writ application has been moved under Articles 226/227 of the Constitution of India assailing the order of Central Administrative tribunal, Calcutta Bench dated 25th September, 2006 passed in O.A. No. 186 of 1906. By the impugned order, Tribunal rejected the application which was moved assailing the final order of dismissal departmental proceeding.

(3). THE writ petitioner admittedly was served with a copy of charge sheet to face the departmental proceeding on the factual charge of suppression of actual date of birth and furnishing of a false date of birth to gain the service. The charge as framed reads such: ". that Shri Amal Chowdhury was appointed as Sepoy w.e.f. 12.7.76. That the time of his appointment in Custom House, Calcutta as sepoy Shri Chowdhury suppressed his actual date of birth and furnished a false date of birth isasmuch as he produced his 1975 higher Secondary Supplementary Examination Admit Card which indicated his date of birth as 25.10.54, whereas he suppressed his actual date of birth which is 25.3.42 recorded in the Board of secondary Education during his earlier appearance in School Final examination in the year 1962, 1963 and 1964 and whereas the date of birth of his youngest brother, Shri Sadananda Ghowdhury is 25.8.46 as per his S. F. Certificate. On the strength of the said false date of birth Shri Chowdhury established his eligibility and illegally got his appointment as Sepoy w. e. f. 12.7.76 when he was actually overaged and not eligible for such appointment. These acts of Shri Chowdhury reflect his gross misconduct. Shri Chowdhury thus acted in a manner highly unbecoming of a government servant and contravened the provisions of sub-rule (iii) of Rule 3 (1) of Central Civil Services (Conduct) Rules, 1964".

(4). THE disciplinary authority got the documents from the West Bengal board of Secondary Education, who confirmed that the date of birth of the petitioner as recorded in his Admit Card issued due to his appearance first time in the year 1962 in the Boards Examination as 25th March, 1942. It was informed by the Board further that the petitioner subsequently appeared in the year 1963-64 in the Boards examination by mentioning the same date of birth and being unsuccessful in the said examination, the petitioner again appeared in the Higher Secondary Examination (Supplementary) in the year 1975 disclosing his date of birth as 25th October, 1954. On assessing those documents, the Board certified that the date of birth of delinquent should be considered as 25th March, 1942 when he first appeared in the year 1962 in the Boards examination disclosing it. In the departmental proceeding the delinquent got all opportunities of hearing. The Xerox copies of the original documents were annexed with the charge-sheet and it was duly accepted by the delinquent. The delinquents own younger brother one Shri Sadananda Chowdhury submitted a written complaint disclosing the fact of suppression of date of birth by his elder brother and in such complaint Shri Chowdhury annexed his School final Examination certificate to prove his date of birth as 25th August, 1946. So far as the document as submitted by the delinquents younger brother to contend that when younger brothers date of birth was 25th august, 1946, naturally delinquent elder brothers date of birth should not be 25th October, 1954, such contention has not denied by the delinquent as it appears from his letter dated 24th February, 1992 annexed at page 45 of this application wherein in fourth paragraph of this letter it was simply contended that due to family quarrel his younger brother filed such an application. The delinquent did not ask to cross examine the brother and did not file any application to that effect. The boards original certificate was lost from the file when a duplicate copy of the same duly authenticat