The bench headed by Justice Dinesh Mehta in the case held that when there being no charge in the memorandum of charges which relates to the involvement of petitioner as a dummy candidate and charge No.3 was only in relation to concealment from the respondents of his arrest in a criminal case, thus, the disciplinary authority could not have proceeded on assumption of his guilt of appearing as a dummy candidate, more particularly, when neither the charge-sheet nor the inquiry report suggested the same.
In the present matter, the court was hearing the petition filed against the order of termination.
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