By the Court.—The learned Single Judge while hearing this petition on 21.3.2007 and finding conflicting views between the two Division Bench judgments of this Court in the case reported in 2000(1) UPLBEC 707 and 2006(3) ESC 1765 (All), referred, under Rule 6 Chapter VIII of the Allahabad High Court Rules, the following questions for determination by a larger Bench :

(i) Whether prior approval for awarding punishment of dismissal to a Class-IV employee is contemplated and required under Chapter-III, Regulation 31 of U.P. Intermediate Education Act, 1921?

(ii) Which of the Division Bench judgments, as noticed above, lays down the correct law?

2. In the light thereof, the case was posted for consideration before a Division Bench on 12.8.2009 which, finding conflict between the judgments rendered by the two Division Benches as referred in the order of the learned Single Judge, directed the matter to be heard by a larger Bench and accordingly the matter has come up before us for consideration.

3. The facts lie in a narrow compass. Petitioner-Rishikesh Lal Srivastava is a class IV employee working in Intermediate College, Vedupar in the district of Kushi Nagar (hereinafter referr