Judgment

KRISHNA IYER, J. :- We have no alternative but to allow this appeal which has come up by special leave. A brief narrative of fasciculus of facts is necessary to appreciate why the appeal must be allowed.

2. The appellants represent the managing committee of a private college by name Lal Bahadur Shastri Girls Inter College, Mugalsarai. At a meeting held on 13-2-1978 the said committee considered the alleged misconduct of the 1st respondent, the Principal Srimati Kusum Dhawan and found that it was sufficiently serious to warrant an enquiry and suspension forthwith. Consequently, she was suspended subject to further enquiry. The said suspension order was confirmed by the Regional Inspectress of Girls Schools, Varanasi, a statutory functionary under the U. P. Intermediate Education Act, 1921. Smarting under the suspension, the principal moved the Civil Court for an injunction against the Management and obtained an ex parte order restraining the appellant management from interfering with her work as the Principal. This order was promptly rescinded when the appellant explained the facts to the trial court. Thereupon, the aggrieved principal appealed to the District Court with succ