Avtar Singh vs Union Of India & Ors on 21 July, 2016
It has also been submitted that paragraph no. 38.1 of the judgement of Avtar Singh (supra) is not applicable in the case of appellant and the case of appellant is covered with paragraph nos. 38.2 and 38.3 of the judgement of the same case which has not been considered by the learned Single Judge and he illegally dismissed his writ petition. It has also been submitted that due to pendency of a criminal case registered against him, his candidature should not be cancelled but an undertaking should be taken from the selected candidate that if the judgement in the criminal case goes against him, he shall be dismissed from his service and the candidate shall have no objection.