SUBRATA DAS Vs. PRINCIPAL G C COLLEGE SILCHAR

JUDGEMENT

(1.) The petitioner Shri Subrata Das was a student of the 2nd year Degree (Arts) in G. C. College, Silchar. There were allegations against him for taking part in the incident of 26-9-88 in the office of the Principal. Therefore, a show cause notice was issued to him as to why disciplinary action should not be taken against him. The peti-tioner replied to the show cause notice. The Governing Body considered the show cause statement submitted by the petitioner in the meeting held on 28-11-89 and resolved that the Principal incharge should issue transfer certificate to the petitioner Shri Subrata Das by striking his name off the College Roll with immediate effect. Accordingly, the Principal incharge issued the impugned notice dated 1-12-88 to the effect that the name of the petitioner had been struck off the College Roll and a transfer certificate had been issued to him.

(2.) The only question which arises for our consideration is whether, before the issue of the impugned notice striking the name of the petitioner off the College Roll and the issue of transfer certificate, observation of the prin-ciples of natural justice was required.

(3.) Dr. M. K. Sharma, learned Counsel for the petitioner, has contended that, in view of para-4 of Chapter-IV of the Assam Education Department Rules and Orders, the appli-cation of any of the rules of natural justice has been excluded.