SC ticks off judge for changing date of birth 20 years later

The Supreme Court ticked off an additional sessions judge of Punjab on Thursday for seeking a change of his date of birth records,20 years after joining the judicial service.

The Supreme Court ticked off an additional sessions judge of Punjab on Thursday for seeking a change of his date of birth records,20 years after joining the judicial service. The apex court quashed the Punjab and Haryana High Court judgment,which had upheld the judges plea,and said it was refraining from imposing any penalty on the judge keeping in view the fact that he had already retired in 2003.

A vacation bench of the apex court comprising Justices G S Singhvi and C K Prasad wondered whether Additional Sessions Judge (since retired) Megh Raj Garg was so ignorant that being a judge he was not even aware of his own age! The bench said Garg,being a judge and dealing with the cases of the general public,ought to know his own date of birth at the time of joining the service. You are a judge dealing with the public. Dont you know you own date of birth? You want to change your date of birth after 20 years? the bench snapped at Gargs counsel.

Interestingly,though the Punjab and Haryana High Court had ruled in the judges favour,the administrative wing of the high court chose to appeal in the Supreme Court against its own judgement through counsel Ajay Pal.

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The service conditions of the judicial officers in the state are governed by the respective high courts. Garg joined the Punjab judicial services in 1973 as a sub judge-cum-judicial magistrate class II and indicated his date of birth as March 27,1936. In fact,twice prior to joining the services when he vied for the post,he had indicated the same date.

However,in 1983,he made a representation to government for changing his date of birth to March 27,1938,which was rejected by the authorities as a rectification is permissible only within two years of joining the service.

In 1993,Garg filed a civil suit challenging the rejection. By concurrent findings,the senior sub judge,Chandigarh,the additional district judge and thereafter the Punjab and Haryana High Court directed the authorities to effect the change of date as sought by the judge.

Quashing the judgements of the three courts,the apex court noted that Garg had thrice applied for the post and on all occasions had mentioned the date of birth as March 27,1936.

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We would have saddled the respondent with costs (penalty) but since he has retired from services,we are refraining from doing so, Justice Singhvi said in his order.

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