Patna High CourtL.P.A/1418/2014dismissed

Tengnu Rai v. The State Of Bihar And ORS

2017-04-27Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1418 of 2014 Arising out of Civil Writ Jurisdiction Case No. 9937 of 2013 =========================================================== Tengnu Rai, son of Late Chandra Mohan Rai, resident of village - Chandhar, P.S. Balia Belon, District - Katihar .... .... Appellant/s

Versus

1. The State of Bihar through its Principal Secretary Department of Home, (Police), Government of Bihar, Patna

2. The Director General of Police, Government of Bihar, Patna

3. The Collector of Katihar, Distt. - Katihar

4. The Superintendent of Police of Katihar, Distt. - Katihar

5. The Sub - Divisional Officer of Barsoi, Sub - Division, Distt. - Katihar

6. The Sub - Divisional Police Officer of Barsoi, Sub - Division, Distt. - Katihar

7. The Circle Officer, Kadwa Circle, Distt. - Katihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Suresh Prasad Sah @ Baranwal, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 27-04-2017 Appellant was working as a Chaukidar and on the basis of the entry made in the service record showing his date of birth as 1953 he has been retired.

2. Claiming his date of birth to be 1963 based on some entry made in the Provident Fund Form and a medical certificate issued to him much after his entry in service, the writ petition was filed and the learned Writ Court found that once the entry made in the Service Book shows his date of birth to be 22.06.1953 which bears his

Patna High Court LPA No.1418 of 2014 dt.27-04-2017 2/2 signature and that of the competent authority, there is no overwriting or manipulation in the Service Book, weightage has been given to the Service Book and the petition dismissed by holding that now the change of date of birth cannot be permitted.

3. In doing so, the learned Writ Court has not committed any error warranting reconsideration.

4. The Letters Patent Appeal is dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

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