ORDER :

Sandeep Shah, J:

1. The present writ petition has been filed laying challenge to the order dated 04.04.2016 (Annexure-2) passed in O.A. No. 290/00087/2014 by the learned Central Administrative Tribunal, Jodhpur, whereby the Tribunal quashed the order dated 26.02.2014, by which the services of respondent No.1 were dismissed with immediate effect, with direction to reinstate of respondent No.1 with all consequential benefits, while granting liberty to initiate an inquiry afresh, if so advised.

Factual Matrix:

2. Brief facts of the case are that a notification dated 30.11.1972 was issued for one post of Peon (LDC) of unreserved category. Condition no. 9 of the notification stipulated that preference would be given to SC/ST candidates in the Department of AHD & Fishing. The respondent No.1 got selected and was appointed to the said post. There was a specific requirement in the appointment order dated 14.12.1973, wherein condition no. 10 proposed production of a valid SC certificate within one month, failing which, services were liable to be terminated. The respondent No.1 had produced a Scheduled Caste certificate as he belonged to a community called Nai (Barber), which, as per him, was considered a scheduled caste at that time. However, in 1994, the Government Authority vide another certificate, designated his category as OBC. In 1998, respondent No.1 again produced the same SC certificate at the time of promotion to the post of Store Keeper (UDC), availing age relaxation of five years available exclusively to SC candidates. Brusquely, a complaint was filed against respondent No. 1 on 08.04.2010 by a person claiming himself to be a resident of Haryana. The complaint alleged that the ‘Nai’ caste does not fall under the SC category and respondent No.1 fraudulently obtained the certificate. The Government notifications placed on record elucidated the fact that ‘Nai’ was included in the OBC category and not SC category.

3. The Department initiated verification with certificate issuing authorities i.e. Tehsildar, Sadulshahar, who categorically denied issuing any such certificate. A memorandum of charges dated 23.04.2013 was served, wherein respondent was alleged to be contravening Section 3 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 [hereinafter referred to as Rules of 1965 for brevity] and inquiry under Rule 14 of Rules of 1965 was proposed to be held. The department alleged that respondent No.1 did not cooperated during the inquiry proceedings and also threatened and misbehaved with the Presiding Officer and the Inquiry Officer. Consequently, the disciplinary enquiry, by exercising powers under Rule 19(ii) of the Rules of 1965, dismissed respondent No.1 from service on the basis of nebulous grounds.

4. The respondent No.1 challenged the dismissal order before the Central Administrative Tribunal, Jodhpur, whereby the Original Application of respondent No.1 was allowed and thus, vide order dated 04.04.2016, the order dated 26.02.2014 dismissing the services of respondent no.1 was quashed with direction for reinstatement with all consequential benefits.

5. Aggrieved by the same, the present petitioners had filed a writ petition before the learned Division Bench of this Court being D.B. Civil Writ Petition No.10655/2016. The same was withdrawn vide order dated 08.08.2017, while seeking liberty to file review application before the learned Central Administrative Tribunal. Thereafter, a review petition was filed before the Central Administrative Tribunal, however, the same was dismissed vide order dated 26.04.2018. Hence, the present writ petition.

Arguments on behalf of learned counsel for the petitioners:-

6. Learned Counsel for the petitioners submitted that the certificate of respondent No.1 was based on a false pretext and was fraudulently obtained since in the State of Rajasthan, the Caste ‘Nai’ was never included in the Scheduled Caste under the Schedule Caste and Scheduled Tribes Orders (Amendment) A