This Rule is directed against an order of the Commissioner of Police dated 16.12.78 wherein he declined to change the order dated 20.7.78 passed by his predecessor the then Police Commissioner S. Basu refusing to correct the age of the petitioner in his service Record according to the Matriculation Certificate.

2. On 11th April, 1940 the petitioner was appointed a Constable in the Bengal Police. On 19th of February, 1944 he was promoted to the Assistant Sub-Inspector of Police. After partition, the petitioner was transferred from Bengal Police to Calcutta Police and Since then he is working in the Calcutta Police. At the time of first entry in the police service, according to the petitioner, his date of birth was wrongly recorded in his service book as 1.1.21 which was not the actual date of birth on the basis of the Matriculation Certificate. At the material time, the petitioner was examined by a Doctor who recorded the age after medical examination. The officer who prepared the service book of the petitioner also filled up the age in the service book taking the age recorded during the medical examination into account for the purpose of recording the data of birth in the se