3. This Court while dealing with the case of similar
circumstances in WP No. 1016/2009 (Deepak Singh Tomar Vs.
Union of India) has also held that certain earlier decisions of
Apex Court which were not taken into account by the three
Judges Bench decision in Avtar Singh's case are impliedly over-
ruled as the principle of law has been considered in Avtar Singh
and has been authoritatively laid down after reconciling all the
earlier divergent views expressed by the Apex Court on the
issue. For convenience and ready reference the relevant extract
5 WA.84/2016
of the decision of this Court in WP No. 1016/2009 is reproduced
below :-
7. Single Bench of this Court in WP. No.1016/2009
( Deepak Singh Tomar Vs. Union of India & Ors.) has dealt
with similar matters by issuing directions based upon the verdict in
the case of Avtar Singh (supra) after holding that some of the
earlier decisions of the Apex Court involving similar issues
pertaining to disciplined forces which have not been considered in
Avtar Singh (supra) case by the Apex Court, are impliedly
overruled by Avtar Singh.
(ii) In turn, the respondent/competent authority shall
consider the representation of petitioner in the light of
order dated 01.03.2025 passed in WP. No.1652/2024
[Arif Khan Vs. M.P. Sasan Dwara Pramukh Sachiv Van
Vibhag And Others] , the judgment in the matter of
Deepak Singh Tomar Vs. Union of India & Others
reported in 2016 (IV) MPJR 65 and the Circular dated
24.07.2018 by which the punishment under Section 325
of IPC has been removed from the category of moral
turpitude & decide the said representation afresh on the
basis of aforesaid judgments without getting influenced
by earlier rejection order dated 06.12.2016, by passing a
reasoned and speaking order within a period of three
months from the date of receipt of the certified copy of
this order.
(ii) In turn, the respondent/competent authority shall
consider the representation of petitioner in the light of
order dated 01.03.2025 passed in WP. No.1652/2024
[Arif Khan Vs. M.P. Sasan Dwara Pramukh Sachiv Van
Vibhag And Others] , the judgment in the matter of
Deepak Singh Tomar Vs. Union of India & Others
reported in 2016 (IV) MPJR 65 and the Circular dated
24.07.2018 by which the punishment under Section 325
of IPC has been removed from the category of moral
turpitude & decide the said representation afresh on the
basis of aforesaid judgments without getting influenced
by earlier rejection order dated 16.03.2017, by passing a
reasoned and speaking order within a period of three
months from the date of receipt of the certified copy of
this order.