Case Note & Summary
The case involved an appeal by R. K. Jangra against the High Court's order directing him to approach the civil court for correction of his date of birth in service records. The appellant joined as an Additional Design Engineer in 1980, providing a birth certificate indicating his date of birth as 4.1.1952. He later sought to change this to 3.1.1953, claiming an error due to his mother's illiteracy. Despite obtaining a corrected birth certificate in 1981, his requests for changes in service records were repeatedly rejected by various authorities, including the Registrar of Punjab University, due to time limits and procedural issues. The appellant filed a writ petition in the Punjab High Court, which dismissed the petition without addressing the merits, suggesting the appellant pursue civil court remedies. The Supreme Court, upon reviewing the case, noted the appellant's prolonged struggle with bureaucratic processes and the urgency of his situation as he was nearing retirement. The Court directed the competent authority to consider the appellant's representation within a month, emphasizing the need for a fair evaluation of the documents submitted. The appeal was allowed, and the High Court's order was set aside, with no costs awarded.
Headnote
A) Administrative Law - Correction of Service Records - Jurisdiction of Civil Court - Punjab Civil Service Rules, 1994 - The High Court directed the appellant to approach the civil court for correction of his date of birth in service records without considering the merits of the case. The Supreme Court held that the competent authority must consider the appellant's representation regarding the correction of his date of birth based on the documents provided (Paras 5-8).
Issue of Consideration
Whether the appellant is entitled to correction of his date of birth in service records and the appropriate forum for such correction.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed the competent authority to consider the appellant's representation regarding the correction of his date of birth within a month.
Law Points
- Civil service rules
- correction of records
- representation
- jurisdiction of civil court
