Lal Bihari Singh v. The State of Bihar

: Mr. Phulen Yadav, Advocate For the Respondents : Mr. Parth Sarthi, G.A. Mr. Mrigendra Kumar, A. C. to G. A. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 06-12-2013 This Appeal under Clause 10 of the Letters Patent has been preferred by the writ petitioner against the order dated 17th October 2011 made by the learned single Judge in CWJC No.4786 of 2007. The appellant is a retired Home Guard. Under order dated 11th November 1997 made by the respondent-authority, his Patna High Court LPA No.2010 of 2011 (3) dt.06-12-2013 date of birth recorded as 23rd November 1949 was altered to that of 1st September 1945. The appellant accepted the said order; allowed it to become final. In view of the said entry, he was retired from service in August 2003. More than three years after his retirement from service, the appellant has approached this Court under Article 226 of the Constitution in above CWJC No.4786 of 2007 to challenge the action of his retirement in 2003. The learned single Judge has dismissed the writ petition. Therefore, this Appeal. Petition was contested by respondents. According to the respondents, the appellant had entered the service in 1968 at the age of 23 years as per his own declaration. The date of birth ‘23rd November 1949’ recorded more than 20 years after his joining the service was obviously incorrect and was ordered to be corrected after following the principles of natural justice. in limine. We see no merit in this Appeal. Appeal is dismissed (R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sunil/-