Hon'ble Devi Prasad Singh, J.—A Division Bench of this Court has referred the controversy to Larger Bench, vide order dated 7.1.2010, to reconsider the ratio of the judgment of another Division Bench i.e., the case of Lakhan Lal Ahirwar v. State of U.P. and others, 2007 (5) ADJ 701(DB) : 2007(3) ESC 2218 (All), being not agree to it and framed following questions :

“1. Whether the time schedule given in Item No. 17 of the Schedule of the U.P. Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995 is mandatory in nature and that if the enquiry is delayed beyond six months the entire proceedings will become inoperative?

2. Whether the judgment in Lakhan Lal Ahirwar v. State of U.P. and others, 2007 (5) ADJ 701(DB) : 2007(3) ESC 2218 (All), holding that item No. 17 of the Schedule of the U.P. Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995 is mandatory in nature, is correct and lays down good law?”

Hon’ble the Chief Justice has constituted the present Larger Bench in terms of reference.

2. The petitioner was serving as Principal in the Government Polytechnic of City and District Mirzapur. During the course of employment, the petitioner