Bijoy Kumar Sharma vs Union Of India & Ors.

In accordance with the order of the Hon’ble Chairman, Central Administrative Tribunal, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single member. Accordingly, this matter is taken up for disposal by this Single Bench.

The applicant has filed this Original Application, seeking the following relief(s):

The applicant is the son of Late Ram Chandra Sharma who was an employee of the Kharagpur Workshop, South Eastern Railway. Shri Ram Chandra Sharma had expired on 23.05.2015 while in service. His first wife namely Smt. Babita Sharma had pre-deceased on 18.07.1999. After the death of his first wife, he had again remarried one Smt. Sangita Sharma who also had expired on 28.10.2020. No children were born out of this marriage.

A case under the Indian Penal Code was lodged against the applicant. The applicant had taken the plea of being a minor at the time of occurrence of the incident which led to the initiation of the criminal case against him and proceedings were initiated against him. The applicant was acquitted from the said criminal case by Ld. JJB, vide judgement dated 12.03.2020.

After the applicant was acquitted in the aforesaid case, he preferred a representation to competent authority seeking appointment on compassionate ground. He had annexed all the relevant documents as well as a “No Objection Letter” from the all the Legal Heirs of his father to his application for compassionate appointment.

The applicant was informed by the respondent authority, vide letter dated 29.04.2023 that his prayer for appointment on compassionate ground cannot be considered since, there was date of his birth shown in the documents submitted by him and the date of birth as recorded in the judgement of Juvenile Justice Board dated 12.03.2020 were different. The applicant has filed the instant Original Application before this Tribunal seeking the relief(s) mentioned at Para 2 above.

Heard Ld. Counsel for both the parties and considered the material on record.

At hearing, Ld. Counsel for the applicant submitted that the applicant had sworn an Affidavit before Ld. Judicial Magistrate, First Class, Paschim Medinipur on 22.03.2022 affirming that his date of birth is 03.08.1987. He further submitted that this date of birth of the applicant has been recorded in his birth certificate issued by Kharagpur Municipality, EPIC Card and Aadhar Card (Annexure A-7 collectively).

Ld. Counsel for the applicant further submitted that the respondents had sought a certified copy of the judgement of Juvenile District Court dated 12.03.2020 in JJB case No. 18 of 2011 (Annexure A-8) but that the applicant had however expressed his inability to provide the same to the respondent authorities since, there is a bar on providing a certified copy and such judgments of the JJB.

Ld. Counsel for the applicant reiterated that the date of birth of the applicant is 03.08.1987 as reflected in his Affidavit dated 22.03.2022 and other documents. He further submitted that the date of birth of the applicant as recorded in the Service Book of his father is also 03.08.1987.

At hearing, Ld. Counsel for the respondents submitted that the applicant was initially produced before Ld. Chief Judicial Magistrate, Paschim Medinipur in a criminal case and was initially remanded to Police Custody and thereafter to Judicial Custody till 05.03.2011 but that in the meantime, the applicant had taken the plea that he is a juvenile. He further submitted that after necessary inquiry, the said Court had held that the applicant was born on 03.03.1993 and was therefore a Juvenile as on the date of the incident which led to the initiation of a criminal case against the applicant (Annexure A-6).

Ld. Counsel for the respondents further submitted that as per the records available with the Railways, the date of birth of the applicant is 03.08.1987 and the said date is also reflected in his birth certificate as well as other documents. However, due to the discrepancy in the date of birth of the applicant as shown in these documents and the order of the JJB, the applicant was advised to submit an affidavit affirming of his date of birth.

Ld. Counsel for the respondents further submitted that the applicant had submitted an application dated 22.02.2023 wherein he has stated that during Custody, he had no knowledge about the documents supplied by the investigation officer and that the Hon’ble JJB Court had passed it’s judgement at it’s own discretion and that he has no responsibility if the same.

Ld. Counsel for the respondents submitted that the applicant was advised to produce a copy of document/declaration which he had furnished before the Hon’ble JJB/MDN regarding his date of birth (as 03.03.1993) but that he had failed to produce the same.

Ld. Counsel for the respondents submitted that in view of the date of birth recorded in the document submitted by the applicant, it can be inferred that he was a major at the time of occurrence of the incident in which was involved.

Ld. Counsel for the respondents submitted that since the date of birth of the applicant as recorded in the Railway records as well as various documents such a Aadhar Card, PAN Card etc. and that recorded in the order of JJB, his prayer for appointment on compassionate ground cannot be considered by the respondent authority without obtaining further clarification regarding his actual date of birth.

In the service book of the father of the applicant as well as the documents (such as EPIC Card & Aadhar Card) submitted by the applicant, the date of birth of the applicant is recorded as 03.08.1987. In the Affidavit dated 22.03.2023 sworn by him before in the Judicial Magistrate 1^st Class, Paschim Medinipur the applicant has affirmed that his date of birth is 03.08.1987 and that this date of birth is already reflected in his birth Certificate bearing Registration No. D-139 dated 16.01.1992 issued by the Registrar of Birth/Death Kharagpur Municipality, Aadhar Card bearing No. 5300 6444 5697 and PAN Card bearing No. CUCPS2535J and EPIC Card bearing No. NUO1818673.

The applicant has claimed that he was involved in a criminal case and that since he was minor on the date of the incident alleged criminal offence, he was tried by the Juvenile Justice Board, Paschim Medinipur and later acquitted by the said Board of the criminal charges framed against him. A copy of the order of the Juvenile Justice Board, Paschim Medinipur dated 12.03.2020 has been annexed by the applicant (Annexure A-6).

The Juvenile Justice Board, Paschim Medinipur dated 12.03.2020, it has been recorded that the applicant had been initially produced before the Court of Ld. CJM, Paschim Medinipur as an adult, but that he had thereafter taken the plea of juvenility and that after necessary inquiry, the said Court had vide it’s order dated 05.03.2011 had held that the applicant was born on 03.03.1993 and was therefore a juvenile on the date of occurrence of the incident.

In view of the above discrepancy in the date of birth of the applicant, the respondent authority is justified in asking the applicant to clarify the reason for mismatch in the date of his birth before processing his case further. As such, I do not find any infirmity in the impugned letter dated 29.04.2023 issued by the Assistant Personnel Officer (G) (Workshop Personnel Officer, South Eastern Railway, Kharagpur Workshop).

In view of the above discussion, I do not find any merit in this Original Application. The O.A. is accordingly dismissed without any order as to cost.