Judgment.-The facts of this case are simple and further not many. They lie in a short and narrow compass and require but a brief statement. The plaintiff was a clerk in the service of the defendant, the Andhra University, down to 3rd January, 1940, the date of his dismissal by its Vice-Chancellor, Sir C.R. Reddi, after his inquiry into the offence of theft of a B.Ed., diploma from the record of the University of which he found the plaintiff guilty. On appeal taken by the plaintiff to the Syndicate, the Syndicate finding no power of dismissal vested in the Vice-Chancellor treated his order as a recommendation which it accepted by its order dated 20th June, 1940, after constituting a Committee to go into the matter and obtaining a report from it without any independent inquiry by the committee. The plaintiff thereupon sued for a declaration that the orders were unjust and illegal. The defendant resisted the suit by pleading that the orders were just and legal, as also that the suit for a bare declaration was not maintainable without a consequential prayer as for damages. The Additional Subordinate Judge of Vizagapatam who tried the cause held the dismissal to be wrongful for want of

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