(1.) Heard Ms. Pushpila Bisht and Shri Ashish Malhotra, learned counsels for the applicant, Shri Ajay Kumar Singh, Holding Brief of Shri Birendra Singh, learned counsel for the O.P. No.2, Shri A.N. Mulla, Shri Shashi Shekhar Tiwari and Shri Jitendra Kumar Jaiswal, learned AGAs for the State/O.P. No.1 and perused the records.
(2.) This matter has been placed before this Bench through nomination of this Larger Bench vide order dtd. 17/5/2024 of Hon'ble The Chief Justice.
(3.) The issue before the Larger Bench as has been raised vide order dtd. 25/11/2021 by learned Single Judge reads as under:-