KUSHAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Diganta Sarma, learned counsel for the petitioner and Syed Md. Touhid Chistie, learned Standing counsel, Secondary Education Department for the respondent No. 1. Also heard Mr. Diganta Kumar Roy, learned Standing counsel, Board of Secondary Education, Assam for the respondent Nos. 2 to 4.

(2.) Issue involved in this writ petition is that inspite of being acquitted in the criminal proceeding by the Appellate Court, i.e., this High Court, the respondent Board of Secondary Education, Assam (SEBA, in short) rejected petitioner's plea for his reinstatement in its service holding that his acquittal by the High Court was not honourable and that the same was on benefit of doubt.

(3.) The petitioner was a regular employee of respondent SEBA since 12.05.1998 and was serving as Lower Division Assistant cum Typist in the office of SEBA at Guwahati. While in service, his marriage was solemnised on 2.5.2008. But after four months of their marriage, petitioner's wife committed suicide on 18.9.2008. Because of said unnatural death, his father-in-law lodged an FIR pertaining to the death of his daughter and accordingly, Noonmati Police Station Case No. 298/2008 under Section 304(B)/34 IPC was registered, in which the petitioner was arrested on 10.09.2008 and was in police and jail custody.