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2018 DIGILAW 501 (GAU)

Mahibar Ali S/o Miyazul Hoque v. State of Assam

2018-03-23

HRISHIKESH ROY

body2018
ORDER : HRISHIKESH ROY, J. 1. Heard Mr. H.R.A Choudhury, the learned Senior Counsel appearing for the petitioner. The respondents are represented by Mr. S.S Roy, the learned Government Advocate. 2. The challenge here is to the order dated 21.2.2018 (Annexure-6) whereby, the petitioner's appointment to the post of Constable (Wireless Operator/Wireless Technician) in the Assam Police Radio Organization (APRO) was cancelled, on the ground of mismatch of his name and the names of his father and grandfather in the Voters Identity Card and the Caste Certificate. The concerned mismatch is reflected as under in the impugned order- “(1) your name has changed in the “Caste Certificate” as Mohibor Ali instead of Mahibar Ali. (2) your father's name appears as Nijajul Haque in his Elector Photo Identity Card and Miyazul Ali your Elector Photo Identity Card and as Miyazul Hoque in the Voter list 2018. (3) your grandfather's name appears differently in the different documents as Kajimuddin, Kajimuddin Ali.” 3. Assailing the legality of the appointment cancellation order, Mr. H.R.A Choudhury, the learned Senior Counsel refers to the three educational certificates to project that the petitioner's name is correctly reflected as Mahibar Ali in all these documents. In fact, his father's name Miyazul Hoque is also correctly reflected in the Certificate issued by the Assam Secondary Education Council and also by the Mangaldoi College. It is therefore submitted that the petitioner, who was selected on merit should be allowed to continue in service as per the appointment order dated 16.11.2017 (Annexure-3) issued by the Superintendent of Police (Communication), Assam. 4. What is however seen is that in the Voter Photo Identify Card (Annexure-5), the name of the petitioner's father is erroneously spelt as Miyazul Ali (instead of Miyazul Hoque). Similarly in the Voter Identify Card of the petitioner's father, the name's spelling is shown as Nijajul Haque (instead of Miyazul Hoque). In the Caste Certificate also, while spelling petitioner's name, it is spelt as Mahibor (instead of Mahibar). In this context, the Senior Counsel submits that since then the discrepancies in the Electoral Roll of the petitioner and the petitioner's father have both been corrected and they match the educational certificates as well as the application filed by the petitioner, the appointment order should not be disturbed. The very basis for cancellation of the appointment for the alleged mismatch of name is questioned by the Senior Counsel. 5. The very basis for cancellation of the appointment for the alleged mismatch of name is questioned by the Senior Counsel. 5. On behalf of the State authorities, Mr. S.S Roy, the learned Counsel submits that the name mismatch is a matter of verification only and if the petitioner deserves protection of his appointment as Constable (Wireless Operator/Wireless Technician) in the APRO, the same can be verified and considered by a higher level officer. 6. The above submission made by learned Govt. Advocate is acceptable to the learned Senior Counsel Mr. H.R.A Choudhury, appearing for the petitioner. 7. In view of the above consensus, the petitioner is permitted to file a representation against the appointment cancellation order, with all supporting documents. The representation be considered by the DGP, Assam Police, who shall scrutinize all the supporting documents and verify whether there is any confusion on the petitioner's identity. If everything is found to be in order, the appointment of the petitioner offered on 16.11.2017 (Annexure-3), will be left undisturbed. Necessary exercise in this regard should be completed within 4 weeks of receipt of the representation from the petitioner, who should also furnish a copy of this order. It is ordered accordingly. 8. With the above order, the case stands disposed of at the Motion stage.