One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X had been serving as a government employee in Department Y for 24 years since DD/MM/2002. Recently, he received a departmental notice alleging that at the time of his appointment, he was overage by 1-2 months beyond the maximum permissible age limit. The notice demanded a response within 2 days. Several of his colleagues, including Mr. Z and others, received similar notices simultaneously. This appeared to be part of a departmental review or audit of recruitment records spanning decades. Mr. X was shocked as he had served faithfully for over two decades, received promotions, and was nearing retirement. The timing of such notices raised questions about administrative motives and legal validity of retrospective age verification after such prolonged service.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Immediately gather all original appointment documents, birth certificates, and educational certificates
• Do not admit to any wrongdoing in your response to the notice
• File an application for extension of time to respond if 2 days is insufficient
• Consider approaching the Central Administrative Tribunal (CAT) for interim relief

Applicable Sections of Law

This case primarily involves administrative law rather than criminal provisions. However, if the department alleges document forgery, relevant BNS sections may apply including Section 318 (cheating), Section 336 (forgery of documents), and Section 340 (using forged documents as genuine). Under BNSS, Section 154 governs FIR registration if criminal charges are contemplated. The case is mainly governed by service rules, Central Civil Services Rules, and principles of natural justice under Article 14 and 311 of the Constitution.

If You Are the Complainant

• File a complaint with the department’s vigilance cell if you suspect age manipulation
• Provide documentary evidence of the alleged overage employee’s actual date of birth
• Submit copies of recruitment notifications showing age limits
• Gather witness statements from recruitment board members if available
• Maintain records of all communications and responses received

If You Are the Victim

• Respond to the notice within the stipulated time with all supporting documents
• Challenge the retrospective application of age verification after decades of service
• Argue based on the doctrine of estoppel – department cannot question eligibility after accepting services
• File a writ petition in High Court challenging the arbitrary action
• Claim protection under principles of legitimate expectation and vested rights

How the Police Behave in Such Cases

Police generally do not get involved unless the department files a criminal complaint alleging document forgery or cheating. If approached, they typically refer the matter back to administrative channels first. They may register an FIR only if there’s clear evidence of criminal intent in document manipulation. Police usually advise parties to exhaust administrative remedies before seeking criminal action, as these are primarily service matters.

FAQs People Normally Have

• Can department terminate service after 24 years for age issues? Generally difficult due to estoppel principles and prolonged acceptance of service
• What is the limitation period for questioning age eligibility? No specific limitation, but courts consider delay and prejudice to employee
• Will pension be affected? Yes, if termination occurs, but can be challenged legally
• Can multiple employees be targeted together? Yes, departments sometimes conduct batch reviews during audits

What Evidence Is Required?

• Original birth certificate or matriculation certificate showing date of birth
• Appointment letter and joining report
• Recruitment notification showing age limits applicable at time of appointment
• Service records showing continuous employment and promotions received
• Any age-related declarations made during service
• Comparative documents of similarly situated employees
• Medical examination reports from time of appointment

How Long Will the Investigation Take?

Departmental inquiries in such cases typically take 6-12 months depending on complexity and number of employees involved. If criminal charges are filed, investigation may extend to 1-2 years. Court proceedings, if initiated, can take 2-5 years. Administrative tribunals generally dispose of such matters within 1-2 years. Timeline depends on evidence availability and cooperation from relevant authorities.

Advocate Sudhir Rao, Supreme Court of India