GHRC rejects constable’s complaint for delay in pursuance

PANJIM: The Goa Human Rights Commission (GHRC) on Thursday disposed of a complaint filed by a police constable regarding wrong recording of his date of birth in service records. 

Police constable Durgakumar Navti on February 15, 2021 filed his complaint to the Commission seeking directions to the Superintendent of Police (headquarters) to implement the recommendation of the Ombudsman, who had recommended to the police department to effect necessary changes in the service record.

Navti joined as a constable in the Goa Police department on July 14, 1981 and had submitted all the documents required and had signed the attestation form at the time of entry in the service and records were based on his SSC certificate showing his date of birth as June 3, 1961. The complainant stated that he came to know about the error in June 2001 and immediately enclosed the original copy of birth certificate showing the date of birth as June 3, 1962. 

But his application was rejected by the office of the SP (headquarters) by quoting the provisions that the change of date of birth in the service book had to be effected within a period of five years. 

In May 2004, Navti submitted his representation to the Ombudsman, who recommended to the SP (HQ) to effect necessary changes in the service record. 

On perusing the complaint, the Commission comprising chairperson Justice Utkarsh Bakre and Members Judge Desmond D’Costa and Judge Pramod Kamat called for report from the respondent, who stated that the personal records of the complainant were prepared based on the documents submitted by him, wherein the date of birth on the school passing certificate was June 3, 1991.

The respondent further stated that Ombudsman report dated June 8, 2005 was placed before the State Cabinet meeting held on December 13, 2005 and the government rejected the recommendation of the Ombudsman. 

The Commission heard the complainant and also Vassudev Garudi, office superintendent of the respondent and held that the complaint is barred by limitation under Section 36 (2) of the Protection of Human Rights Act, 1993, which states that, “The Commission or the State Commission shall not inquire into any matter after the expiry of one-year from the date on which the act constituting violation of human rights is alleged to have been committed”. 

The Commission also observed that the complainant approached them only in 2021, almost after 16 years, when the government rejected recommendations of Ombudsman on December 13, 2005. Also the complaint was filed just four month before his retirement. 

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