IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18935 of 2021

======================================================

Ramesh Chandra Sinha son of Late Baidyanath Sinha resident of Village and

P.O.- Rupauli, P.S.- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The Union of India through the Chief Postmaster General, Bihar Circle,

Patna.

2.

The Postmaster General, Northern Region, Muzaffarpur.

3.

The Director of Postal Service, O/o The Postmaster General, Northern

Region, Muzaffarpur.

4.

The Senior Superintendent of Post Offices, Muzaffarpur Division,

Muzaffarpur.

5.

Sri Satya Narayan Ram, GDSBPM at Rupauli Branch Post Office, in

account with Gidha Sub Post Office, P.S. Saraiya, District- Muzaffarpur.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Madhusudan Kumar, Advocate

For the Respondent/s

:

Mr. Kanak Verma, C.G.C.

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE RAJIV ROY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJIV ROY)

Date : 20-07-2022

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

Patna High Court CWJC No.18935 of 2021 dt.20-07-2022

2/17

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.

S.No Name of

Candidate

Caste Matric

Marks

Landed

Property

Annual

Income

1.

Shri Ramesh

Chandra Sinha

ST

505/900 25 dismal Rs.45000/

Patna High Court CWJC No.18935 of 2021 dt.20-07-2022

3/17

2.

Shri Ramakant

Singh

ST

510/900 NIL

NIL

3.

Smt. Seema

Kumari Sinha

ST

508/900 NIL

NIL

4.

Shri Dharma

Dinesh Ray

OBC 607/900 92.54

dismal

Rs.25000/

5.

Shri Shashi Kant

Singh

ST

451/900 NIL

NIL

6.

Shri Prabhu

Ranjan

SC

484/900 NIL

Rs. 7500/

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