RAMESH CHANDRA SINHA Vs. UNION OF INDIA
LAWS(PAT)-2010-7-25
HIGH COURT OF PATNA
Decided on July 05,2010

RAMESH CHANDRA SINHA Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.)Heard learned Counsel for the Petitioner and learned Counsel for the Union of India.
(2.)The relevant facts are not in dispute. The Petitioner was appointed to the post of EDBPM, Rupauli in the district of Muzaffarpur as a Scheduled Tribe candidate vide order dated 26.2.1997. This appointment was made on the basis of caste certificate issued by District Welfare Officer which in turn had been issued on the recommendation of B.D.O., Saraiya that the Petitioner belonged to Kharwar community which falls in ST category. Sometime after the appointment a complaint was received that the Petitioner did not belong to the caste Kharwar and is not a member of ST community. The matter was reported by senior officers of Post Office to the District Magistrate, Muzaffarpur who made a detailed enquiry and found that the certificate of caste produced by the Petitioner was false. As a consequence, the District Magistrate, Muzaffarpur cancelled the said certificate by an order dated 10.10.1998. Thereafter, a show-cause notice was issued to the Petitioner and after considering his reply, the Director, Postal Services passed an order dated 4.1.2000 whereby Petitioner's appointment was cancelled for the reason that the caste certificate showing him as a member of ST itself has been cancelled by the District Magistrate, Muzaffarpur after enquiry.
(3.)Petitioner challenged the order dated 4.1.2000 through O.A. No. 55/2000 before Central Administrative Tribunal, Patna Bench, Patna. That application has been dismissed by the impugned order dated 22nd September, 2005.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.