D. P. MOHAPATRA, R. A. SHARMA, R. R. K. TRIVEDI
CHANDRA SHEKHAR SAXENA, STATE OF UTTAR PRADESH – Appellant
Versus
DIRECTOR OF EDUCATION (BASIC), JAGJIT SINGH – Respondent
( 1 ) A learned Single Judge in Civil Misc. Writ Petition No 37167 of 1994 Jagjit Singh v. State of u. P, decided on 19-12-1894 reported in (1996) 1 UPLBEC 405 declared Rule 49-A (2) (a) of U. P. Civil Services (Classification, Control and Appeal), Rules, 1930 (hereinafter referred to as the rules) as null and void being violative of Articles 14 and 21 of the Constitution of India. Another learned Single Judge in Civil Misc. Writ Petition No. 38588 of 1914 Chandra Shekhar saxena v. Director of Education (Basic), U. P. , Allahabad, disagreed with the view expressed in the case of Jagjit Singh v. State of U. P. , and consequently referred two questions for decision by a Larger Bench Honble the Chief Justice nominated Division Bench of consideration of the questions. However, the Division Bench while considering the questions referred to it came across Division Bench view in case of Anand Kumar Gupta v. State of U. P. and Ors. , (1993) 1 uplbec 165 (DB) wherein it has been laid down that even in the absence of any order of suspension passed in writing, a Government servant shall be deemed to have been placed under suspension from the date of his detention. As the
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