THE COMMISSIONER OF POLICE, BOMBAY AND ANR. versus BHAGWAN V. LAHANE

Citation: [1996] SUPP. 9 S.C.R. 199 · Decided: 26-11-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.T. NANAVATI · Disposal: Appeal(s) allowed

Judgment (excerpt)

THE COMMISSIONER OF POLICE, BOMBAY AND ANR. 
A 
v. 
BHAGWAN V. LAHANE 
NOVEMBER 26, 1996 
[K. RAMASWAMY AND G.T. NANA VAT!, JJ.] 
I 
Maharashtra Civil Services (General Conditions of Service) Rules, 1981 
: Rule 36. 
B 
Service Law-Date of birth-Correction of-lnstmctions regard-
C 
ing-Respondent appointed as Sub-l11spector-Secondary school Leaving 
Certificate filed at the time of entry i11to service-Date of birth recorded 011 
the basis thereof-Representation for correction of date of bilt!t-Rejec-
tion-Application before Tribunal-Tribunal accepted the case of respo11de11t 
and directed correction of date of birth-Appeal-Held, the respondellt ought 
to have produced the reliable material to show that the birth date me11tio(1ed D 
' 
in the School Leaving Certificate was incorrect-No such material was 
produced by him-As the employee failed to show that the ent1y was made 
due to want of care on the part of some other person or that it was an obvious 
clerical error, the Tribunal ought not to have directed the appellant to correct 
~-• 
E 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 15432 of 
1996. 
From the Judgment and Order dated 6.10.92 of the Maharashtra 
Administrative Tribunal, Bombay in O.A. No. 1511 of 1991. 
F 
G.B. Sethi and D.M. Nargolkar for the Appellants. 
A.M. Khanwilkar for the Respondent. 
The following Order of the Court was delivered : 
Delay condoned. 
Leave granted. 
We have heard learned counsel on both sides. 
199 
G 
H 
200 
SUPREME COURT REPORTS (1996] SUPP. 9 S.C.R. 
A 
This appeal by special leave arises from the order of the Maharashtra 
Administrative Tribunal, made on October 6, 1992 in OA No. 1511 of 1991. 
The respondent was selected as a Sub- Inspector and sent for training on 
July 15, 1974. On successful completion thereof, he was appointed and 
gained entry. into the service on July 1, 1976. As per Rule 36 of the 
B 
Maharashtra Civil Services (General Conditions of Service) Rules, 1981 
(for short, the 'Rules') which repealed earlier orders and came into force 
1 on 15.8.1981 would indicate that once an entry of age or date of birth has 
· been made in a service book, the same shall not be altered afterwards 
unless it is shown that the entry was due to want of care on the part of 
some person other than the individual in question or that it is an obvious 
C clerical error. Instructions have been issued in that behalf which reads as 
under: 
"Instruction-(1) Normally, no application for alteration of the entry 
regarding date of birth as recorded in the service book or service 
D 
roll of a Government servant should be entertained after a period 
of five years commencing from the date of his entry in Government 
service. 
E 
F 
G 
(2) subject to (1) above, the correct date of birth of a Government 
servant may be determined, if he furnishes a proof of age in any 
of the following terms :-
(a) His own statement or that of a parent, guardian, friend or 
relatives; 
(b )School leaving certificate, secondary school certificate examina-
tion/Matriculation certificate or University certificate; 
(c) Extract from a birth or baptismal register; 
(d) Horoscope; 
( e) Entry in family records or accounts books." 
The respondent made an application in 1982 for the correction of his 
date of birth on the ground that his correct date of birth was June 6, 1951 
H and it was wrongly entered in the service register as November 12, 1948. It 
COMMR. OF POLICE v. B.V. LAHANE 
201 
appears that the representation was rejected in 1983. He filed· the OA in A 
1991 for the correction of the date of birth. The Tribunal in the impugned 
order, accepting the case of the respondent, has directed the appellant to -
correct the date of birth. Thus, this appeal by special leave'. 
It is not in dispute that the respondent haq produced Secondary B 
School Leaving Certificate which contains his date of birth as November 
12, 1948. One of the instructions indicates that his own statement or that 
of a parent, guardian, friend or relative on the date of entry in service and 
also the High School Leaving Certificate, Secondary School Certificate 
Examination, Matriculation Certificate ·or University Certificate, is the 
C 
relevant document for that purpose. The respondent, admittedly, filed his 
Secondary School Leaving Certificate at the time of entry into service on 
the basis of which his date of birth was reflected in the service register as 
. November 12, 1948. The respondent ought to have produced the re

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