Judgment

J. L. KAPUR, J. This is an appeal by special leave brought by J. K. Chaudhuri for and on behalf of the Governing Body of Guru Charan College, Silchar (which will be referred to in this judgment as the College) against a judgment and order of the High Court of Judicature in Assam dated 13th June 1956, dismissing the appellant s petition under Art. 226. It raised the question as to the nature and extent of the jurisdiction of the Executive Council of the University of Gauhati in regard to disciplinary action taken by the Governing Body of the College against its Principal, R. K. Datta Gupta, respondent No. 1.

2. In 1937, respondent No. 1 was appointed Professor of Mathematics in the college. He was appointed Vice-Principal in 1947 and Principal in 1950. Due to certain representations made to the Governing Body against respondent No. 1, a committee was appointed by the Governing Body to enquire into the allegations. This committee held several sittings and made a report after considering which the Governing Body held a prima facie case made out against him, placed him under suspension and called upon him to answer the charges within 15 days. This he failed to do but later on su