LOKUR, J. :- This petition under Article 226 of the Constitution is referred to a Full Bench at the instance of Kirty, J. on the ground that there is a conflict in decisions of Division Benches of this Court and the legal position is anomalous.

2. The petitioner Swami Prasad was elected Pradhan of the Bilrai Gaon Sabha in 1960 but was placed under suspension by an order of the Sub-Divisional Officer, Mahoba dated 17th October, 1967. The petitioner Swami Prasad has challenged the order of suspension as Invalid on several grounds. The order of suspension reads as follows :

"Under Collector's order dated 29-9-67 Sri Swami Prasad, Pradhan Gaon Sabha Bilrai is placed under suspension with immediate effect. Tahsildar Mahoba will please get his charge transferred to Uppradhan in consultation with B. D. O. Kabrai. He has been suspended for giving leases illegally to the persons. Chargesheet will be followed later on." There is no doubt that the petitioner Swami Prasad has been suspended pending a departmental enquiry on the ground that he had given leases illegally to some persons.

3. It was contended on behalf of the petitioner, in the first place, that the order has been made at th