JUDGMENT :

K.V. VISWANATHAN, J.

1. Leave granted.

2. Ram Lal (the appellant) was a Constable with the Rajasthan Armed Constabulary, 9th Battalion, Jodhpur. He was appointed on 15.12.1991. A First Information Report (F.I.R.) was registered on 02.09.2022 against him under Sections 420, 467, 468 and 471 of the IPC. Soon thereafter, on 02.04.2003, a charge-sheet in a departmental enquiry was also issued.

3. The identical allegation in both the proceedings was that the Appellant altered his date of birth from 21.04.1974 to 21.04.1972 in his 8th standard marksheet. It was alleged that this was done to project himself as having attained majority at the time of the recruitment. The appellant denied the charges.

4. Asked about the overwriting in the application, the appellant stated that it was possible that in the application form he might have written initially as 21.04.1974 and thereafter corrected it to 21.04.1972. He however maintained that his date of birth was 21.04.1972.

5. Five witnesses were examined in the departmental proceeding. These very five witnesses were also examined in the criminal trial, apart from eight other witnesses who were also examined at the criminal trial. The Enquir