( 1 ) THE respondent was appointed as a Lower Division Clerk on 6th June, 1995. His name was recommended by the Staff Selection commission. He was appointed against a post reserved for Scheduled tribe. In clause 20 of the letter of appointment issued to the respondent, it was specifically stated that the appointment was provisional and was subject to the caste/tribe certificate verification through proper channels and if it was found to be false, the services would be liable to be terminated without assigning any reason. Along with his application, the respondent had submitted a certificate dated 23rd August, 1988, issued by the Executive Magistrate, Bhandara, claiming that he belongs to Halba, Scheduled Tribe. The respondent was confirmed in service on 8th September, 1998. The department, vide its letter dated 9th August, 1995, forwarded the caste certificate to the Executive Magistrate, Bhandara, for verification. The Executive magistrate vide his reply dated 5th September, 1995, advised the petitioners to forward the original certificate to the Scheduled Tribe caste Certificate Scrutiny Committee, Nagpur. On 17th October, 1995, the certificate was forwarde