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Judgment
Anand Pathak, J
The instant petition is a review petition filed by the petitioner seeking review of order dated 7.2.2018 passed by this Court in W.P.No.4380/2017.
It is the grievance of the petitioner that Coordinate Bench of this Court at Principal Seat in W.P.No.15505/2017 vide order dated 13.11.2017 relegated
the matter to the competent authority of the department to consider the case of the petitioner in the light of the observations made by the Apex Court
in the case of Avtar Singh vs. Union of India and others, 2016 (4) MPLJ 332. The judgment rendered by the Full Bench of this Court in the case of
Ashutosh Pawar vs. High Court of M.P. in W.P.No.5865/2016 is distinguishable on facts because here petitioner was acquitted on merits. It is further
submitted that vide circular dated 24.7.2018 the offence under Section 452 of IPC has been removed by the department from the list of offences
constituting moral turpitude.
Learned counsel for the respondents/State opposed the prayer on the ground that no case is made out because departmental authority has considered
these aspects and thereafter found the offence under Section 452 of IPC constituting moral turpitude. After scrutiny, the department has considered
the aspect of acquittal, therefore, no further interference can be made.
Heard the learned counsel for the parties at length through video conferencing and considered the arguments advanced by them.
This a case where the department has considered the factum of acquittal of petitioner by the scrutiny committee duly constituted as per relevant
guideline and thereafter rejected the candidature of the petitioner and found him unfit for the services. Personal hearing was also accorded to the
petitioner as reflected in the impugned order dated 3.7.2017. Once the authority has taken a view regarding the fitness or otherwise of a candidate,
then this Court cannot sit as an appellate authority.
Review petition sans merit and no scope exists for review of earlier order dated 7.2.2018 passed by this Court in W.P.No.4380/2017.
Resultantly, review petition is hereby dismissed.