S.J. Mukhopadhaya, J.

1. The petitioner has challenged the order No. 18, dated 31st May, 2001, communicated vide Memo No. 2938-41, dated 31st May, 2001, whereby and where- under, the petitioner has been intimated the date of superannuation as 31st May, 2001.

2. The grievance of the petitioner is that respondent Judicial Commissioner, Ranchi has issued the impugned order, superannuating the petitioner w.e.f. 31st March, 2001, without taking into consideration the actual date of birth as recorded in his service book and the matriculation certificate.

3. In terms with Courts order the original service book of the petitioner was produced on 21st June, 2001. The Court made the following observations ;--

"From the 2nd page of service book, prima facie, it appears that the date of birth of petitioner was recorded as 18th May. 1945 on the basis of matriculation certificate. Therein, it has also been recorded that the petitioner has passed matriculation examination.

The said page seems to have been interpolated and the digit 5 has been changed to digit 3 and thereby the date of birth, prima facie, seems to have been changed from 18th May, 1945 to 18th May, 1943. It cannot be presumed that t