Hon’ble Ashok Bhushan, J.—This Full Bench has been constituted on a reference made by a Division Bench vide its order dated 5th December, 2007 passed in this writ petition. The Division Bench has made reference for constituting a Larger Bench for consideration of following questions of law :

(a) Whether a reference made by a Division Bench, which has not noticed a Constitution Bench judgment of this Court comprising of larger number of Judges, squarely applicable on the subject, was liable to be returned unanswered by the Full Bench only on the ground that Constitution Bench judgment has not been considered by the Division Bench while making the reference.

(b) Whether the Full Bench in the case of Shahroj Anwar Khan (supra) is correct in recording in paragraph 21 that the word ‘’inquiry’ as contemplated under Rule 17(1)(a) (Para materia to Rule 49-A of the C.C.A. Rules) will include a preliminary inquiry to be precise whether the word ‘’inquiry’ in the said Rules includes within its ambit preliminary inquiry inasmuch as the Constitution Bench of this Court in the case of State of U.P. v. Jai Singh Dixit (supra) has specifically held that the word ‘’inquiry’, under Rule 49-A