KAMAL BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge in this writ petition is the order dated 25.05.2006 passed by the Deputy Inspector of Schools, Kaliabor, Naga-on, terminating the service of the petitioner as Assistant Teacher of Goroimari (Boys) L.P. School because of his conviction in a criminal case. I have heard Mr. P. Kataki, learned counsel for the petitioner. I have also heard Mr. A. Deka, learned Standing counsel, Education Department, Assam, representing the respondents. I have considered the entire materials on record.

(2.) The petitioner while was serving as Assistant Teacher in the aforesaid school, he was involved in a criminal case, which was eventually registered and numbered as Sessions Case No. 10(N)/92. The case emanated from Kaliabor P.S. Case No. 158/89 registered under Section 147/148/447/325/324/436/302 IPC. Charge-sheet having been submitted against the accused persons, including the petitioner, and upon framing of charge, the trial started and eventually the learned Sessions Judge, Nagaon, vide his judgment of conviction dated 18.07.1993 convicted the accused persons including the petitioner under Section 304 (Pt-II)/436/324/323/34 IPC and sentenced, each of the accused persons, to R.I. for 7 years for the offence under Section 304 (Pt-II)/34 IPC. The accused persons were also sentenced to suffer, for their conviction under Section 436/34 IPC, R.I. for 4 years and to pay a fine of Rs. 500/- each and, in default to further R.I. for 6 months each and, for their conviction under Section 324/34 IPC, each of the accused persons was sentenced to suffer R.I. for two years. Further, for their conviction, under Section 323/34 IPC, each of the accused persons was sentenced to suffer R.I. for 6 months, the sentences having been ordered to run concurrently.

(3.) Being aggrieved by the judgment of conviction, an appeal being Crl. Appeal No. 296/97 was preferred in which the petitioner was held guilty of the offence under Section 304 (Pt-II) and 324 IPC the sentence was reduced to 3 years of R.I. and fine of Rs. 500/- and, in default thereof R.I. for 6 months, and R.I. for 1 year and fine of Rs. 500/- and, in default R.I. for 3 months respectively In the appeal, the Appellate Court made the following observations in respect of the petitioner: