JITENDRA KUMAR GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 17/10/2018 (Annexure P1) by which the selection of the petitioner for the post of Assistant Grade-III has been rejected on the ground that criminal cases were registered against him.

(2.) The necessary facts for disposal of the present petition in short are that an advertisement was issued for recruitment to the post of Assistant Grade-III for the disabled persons. The petitioner is a disabled person, also participated and was selected and accordingly, an order of appointment dated 20/11/2015 was issued. After his selection, the petitioner was directed to fill up the verification form. In the verification form, the petitioner disclosed the criminal cases which were registered against him along with the fact that he has already been acquitted. Thereafter, it appears that by order dated 14th July, 2016, the petitioner was declared ineligible for appointment to the post of Assistant Grade III in the Office of Excise Commissioner and accordingly, a Writ Petition No.5146/2016 was filed by the petitioner, which was allowed by this Court by order dated 09/12/2016 with the following observations:-

(3.) Since in the operative para of the order, the designated post was mentioned as ''Platoon Commander'', therefore, the petitioner filed a Review Petition No.05/2017 which was allowed by order dated 16/01/2017 and it was directed that in place of ''Platoon Commander'', the word ''Assistant Grade III'' be read. It is submitted that in compliance of direction given by this Court in Writ Petition No.5146 of 2016, the respondents have reconsidered the case of the petitioner and have once again held that the petitioner is not fit for appointment. It is submitted that the State has published a list of offences which fall under the category of ''moral turpitude'' and the petitioner was never tried for the offence involving the ''moral turpitude''.