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1956 Supreme(All) 143

MEHROTRA
BADRI PRASAD DUBEY – Appellant
Versus
STATE OF U. P – Respondent


Advocates Appeared:
B.N.Misra, S.N.Verma

MEHROTRA, J.


( 1 ) THE petitioner Badro Pd. Dubey joined service of the Kanpur Municipal Board as a Terminal tax Inspector in the year 1926 on a years probation. He was duly confirmed on the post on the expiry of the probationary period. The petitioner alleges that at the time of his appointment there was some discrepancy between the age given in his Matriculation certificate and his age according to the horoscope, and he brought out the discrepancy to the notice of the Municipal board and adduced proof of his real age. Enquiries were made as provided for under Regulation No. 7 of Clause 5 of the Kanpur municipal bye-laws and model regulation given in Municipal Manual. The age given in the horoscope was accepted as the correct age. This age was entered in his service book, The entry was attested every five years as required by Rule 4, Regulation 11 of the Kanpur Municipality bye-laws and continued throughout. In spite of the continued entry of his correct age in accordance with his horoscope the matter was brought to the notice of the authorities of the local-self department and eventually a communication was received from the Deputy Secretary to the Government, Uttar Pradesh, thro















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