By the Court.—Heard Sri S.B. Singh alongwith Sri Madan Singh learned counsel appearing on behalf of the writ petitioner Rajveer Singh and Sri M.C. Chaturvedi, learned Additional Advocate General alongwith Sri J.N. Maurya Chief Standing Counsel Ist for the State.

2. This reference arises out of the two questions framed by a learned Single Judge in Writ Petition No. 30084 of 2003 (Rajveer Singh v. State of U.P. and others) in relation to a stated conflict between two Division Bench judgments of this Court, namely, that of Riasat Ali v. State of U.P., 2003 (4) AWC 3046 and an unreported judgment of another Division Bench in the case of Ram Kumar v. State of U.P., Special Appeal No. 143 of 2012 decided on 5th April, 2012.

3. The learned Single Judge upon having entertained the writ petition was of the opinion that there arises a conflict between the above two judgments and further the ratio of the other Division Bench in the case of Ram Kumar v. State of U.P. and another, did not lay down the correct law. The questions framed by the learned Single Judge to be considered by the Full Bench are as follows :

“(1). Whether Division Bench judgment in Riasat Ali v. State of U.P., 2003