HEMANT GUPTA, R.S.JHA, NANDITA DUBEY
Ashutosh Pawar – Appellant
Versus
High Court of Madhya Pradesh – Respondent
Hemant Gupta, J.
1. A Division Bench of this Court while hearing the present writ petition on 23.10.2017 found conflict between the two Division Bench decisions of this Court in W.P. No. 5887/2016 (Arvind Gurjar vs. State of M.P. and another) decided on 27.10.2016 and W.A. No. 163/2009 (Roop Narayan Sahu vs. State of M.P. and others) decided on 11.08.2017. Therefore, the following questions were framed for the decision of the larger Bench:-
1. Whether in all cases, where an FIR lodged against a person for minor offences has been quashed on the basis of a compromise arrived at between the parties or a person has been acquitted on account of a compromise between the parties, the character of the person applying for appointment thereafter, has to be treated as Good and such a person cannot be held ineligible for appointment under the Rules of 1994?
2. Whether the High Court in exercise of its powers under Article 226 of the Constitution of India, can step into the shoes of the Appointing Authority and determine as to whether the person concerned is fit for appointment or whether the High Court on finding that the Authority concerned has wrongly exercised its discretion in holding
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