RAJIV ROY, J.:–The petitioner has knocked the doors of Patna High Court for setting aside the order dated 23.10.2019 (Annexure-P1) passed in O.A. No. 050/00066/16 with M.A. No. 050/00036/16 by the Central Administrative Tribunal, Patna Bench Patna (henceforth the short ‘the Tribunal’) by which the O.A. preferred by him was dismissed.

2. The matrix of facts leading to the present writ petition is/are as follows :—

3. The post of ‘EBPDM’, Rupauli EBDC under Muzaffarpur Division had fallen vacant due to promotion of Sri Suresh Chandra Sinha. The vacancy of the said post was notified to Employment Exchange, Muzaffarpur giving the preference to the ST candidate vide Letter No. A-555/Rupalli dated 22/30.09.96 by the Sr. Superintendent of Police, Muzaffarpur. The Employment Exchange, Muzaffarpur sponsored six nominations along with their application and documents vide Letter No. Patrank/O.C./36/96-960 dated 30.10.1996 with breakup of one OBC, one SC and four ST candidates. On the basis of caste certificate of ST issued by the BDO, Saraiya, Muzaffarpur, one Shri Ramesh Chandra Sinha (the petitioner herein) was appointed as ‘EBPDM’, Rupauli Memo No. A-555/Rupauli/96 dated 26.02.1997 vide Senior Superintendent of Post Office, in preferential category although he was less in merit.

Comparative merit charge of all six candidate shows the factual position.

4. Shri Dharma Dinesh Roy, one of the candidate to the said post had lodged a complaint regarding false caste certificate produced by Shri Ramesh Chandra Sinha (appointed candidate). The case was enquired into and upon the direction of the District Magistrate, Muzaffarpur as per the report submitted by the Block Development Officer, Saraiya there was not a single ST in the said area. Thus Shri Ramesh Chandra Sinha obtained the caste certificate by giving false information to him. The Circle Officer, Saraiya too certified that the caste certificate in respect of Shri Ramesh Chandra Sinha (ST) is false and this was reported to District Welfare Officer, Muzaffarpur vide Letter No. 420 dated 21.04.97 by the office of Circle Officer, Saraiya.

5. After enquiry by the District Magistrate, Muzaffarpur, the caste certificate issued by the BDO, Saraiya to Shri R.C. Sinha was cancelled vide District Magistrate, Muzaffarpur’s Letter No. 1013 dated 10.10.98. It came to light that he is ‘Kahar’ by caste which comes under the OBC category. Accordingly, his service came to be terminated vide Memo No. 559/Rupauli/96 dated 13.01.2020 by the Director, Postal Services, Northern Region, Muzaffarpur in the light of orders passed by the Post Master General, Northern Region, Muzaffarpur dated 04.01.2000.

6. The petitioner preferred O.A. No. 55/2000 before ‘the Tribunal’. On 22.09.2005, ‘the Tribunal’ dismissed the O.A. holding as follows :—

(i) the applicant was appointed as ST category to the post of EDBPM, Ruapauli in 26.02.1997 on the basis of the caste certificate issued by the District Welfare Officer, who in turn had issued the same on the recommendation of the Block Development Officer, Saraiya holding him to be belonging to ‘Kharwar’ community under Scheduled Caste category ;

(ii) soon after the appointment a complaint was received in the department that the applicant did not belong to the Scheduled caste and the caste certificate produced by him was false;

(iii) the Senior Superintendent of Post Office made an inquiry and reported the matter to the District Magistrate, Muzuffarpur, who in tu