State Of Orissa & Ors vs Shri Ramanath Patnaik on 2 April, 1997
3. The learned Counsel of the petitioner has submitted that whatever enquiry was made regarding his date of birth was done behind his back and no enquiry report was given to him to controvert the findings arrived at in such an enquiry. Therefore, it does not amount to affording him of any proper opportunity of hearing. It is further submitted that such an enquiry regarding date of birth should not have been done at the fag end of the service life. Heavy reliance is placed on the decisions of the Apex Court in case of Union of India v. Hamam Singh, reported in AIR 1993 SC 1367, State of Orissa and Ors. v. Ramanath Patnaik, reported in AIR 1997 SC 2452 and G.M. Bharat Coking Coal Ltd., West Bengal v. Shib Kumar Dushad and Ors., reported in AIR 2001 SC 72.