( 1 ) PETITIONER herein was suspended from service by means of the order dated 27. 2. 97 with retroactive effect from 17. 2. 97. The reason listed out in the impugned order is that the petitioner was incarcerated in jail with effect from the said date, being involved in Case Crime No. 120 of 1997 under Sections 498a/304b, 318/201. I. P. C.

( 2 ) THE suspension order reads as under :

"whereas Sri Rajendra Prasad Pandey, Lower Division Assistant, Second Appeal Section, High court, Allahabad was lodged in Jail with effect from 17. 2. 1997 in connection with a Criminal case No. 120/97, under Section 498a/304b/318/201 of Indian Penal Code, He is accordingly placed under suspension with effect from 17. 2. 1997. He will be entitled for subsistence allowance as admissible in the relevant Rules. "

On being enlarged on bail in June, 1997, the petitioner, it seems, moved an application seeking revocation/modification of the suspension order propped up by Full Bench decision of this Court in Chandra Shekhar Saxena v. Director of Education (Basic) U. P. Lucknow and another, (1997)1 UPLBEC 165, in which following amongst other conclusions were arrived at by the Full bench in answe