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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Md. Abdul Monayem – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Ajay Kumar Gupta, J.
1. The writ petitioner approached this Court challenging the order of suspension contained in Letter No. 34-L/LW/0/St./4M- 08/2023 dated 08.01.2024, issued by the Principal Secretary, Government of West Bengal, thereby suspended the writ petitioner from functioning as the temporary Mohammedan Registrar in Beldanga Part – A, MMR Office within P.S.- Beldanga, District- Murshidabad until further order or till the conclusion of the Departmental Enquiry.
2. The sum and substance of this case, according to the petitioner, are relevant for the purpose of disposal of this case, are as under: -
2a. The petitioner was duly appointed as Muslim Marriage Registrar (MMR) in the year 2009 for Beldanga Police Station area, following a selection process in pursuant to a Notification being No. 331/JD/XIV/SC-20/01 dated 3rd April, 2007. The respondent no. 7, Md. Salim and another unsuccessful candidate Md. Nizam Uddin Sk. filed multiple writ petitions questioning the qualification, age discrepancy and validity of documents of the petitioner. Most of the writ petitions were decided against them.
2b. On 19.02.2010, the Inspector General of Registration & Commissioner of Stamp
A person cannot have multiple dates of birth in official records; discrepancies justify administrative suspension and inquiry for misconduct.
The main legal point established in the judgment is the requirement for a disciplinary inquiry to establish a charge against an employee, and the reviewability of the Lokayukta's order under Article ....
The court emphasized the importance of evidence and approval for any alterations made in official records, especially regarding personal details such as date of birth.
An employee's request to change the recorded date of birth after a lengthy tenure must be supported by compelling evidence, especially when it affects retirement benefits and official records.
The court upheld that recorded dates of birth in service books cannot be altered at the end of an employee's service, emphasizing adherence to procedural timelines.
The date of birth recorded in the H.S.L.C.E. Certificate is authoritative for retirement purposes, and recovery of excess salary for overstaying must consider shared negligence.
The original date of birth recorded in a government employee's service book is deemed correct for all purposes, overriding any subsequent alterations.
The court emphasized the importance of following the prescribed procedures for appointments, the need for special reasons for relaxation of age limits, and the invalidity of appointments made in cont....
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