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2002 Supreme(MP) 426

R.B.DIXIT, CHANDRESH BHUSHAN
Bhan Singh Bhadoria – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
D.P.S.Bhadoriya, K.B.Chaturvedi, R.D.Jain,

Judgment

( 1. ) PETITIONER, Bhan Singh Bhadoria son of Lalloo Singh was working as Forester in Forest Department and his date of entering in the service in the department was admittedly 25th April, 1962. His date of birth in the service record was recorded as 19-7-1940. On the entries of service record, it seems that this date of birth was also attested on 13-4-1974 by Assistant Conservator of Forest, Forest Division, Guna. On 14-11-1994, petitioner was required to submit a certificate regarding his date of birth. Petitioner submitted a copy of school leaving certificate regarding his date of birth. However, the department found this date of birth incorrect and the enquiry revealed that the correct date of birth was 29-7-1935 and accordingly he was retired from the service. Against which, the petitioner filed a petition before the State Administrative Tribunal being O. A. No. 1073/95. The Tribunal by its order dated 28-7-1998 found that he was prematurely retired without affording him any opportunity of hearing and accordingly, quashed the order of retirement. It was further directed that the date of birth of petitioner shall be deemed to be 19-7-1940. However, it was directed that







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