ORDER :

M.R. Pathak, J.

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 SEB A 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.

4. As he was arrested and sent to judicial custody in connection with a criminal case, i.e., said Noonmati P.S. Case No. 298/2008, the respondent SEB A by order No. SEB A/EST/17/98/2702-2726 dated 24.09.2008 suspended the petitioner from service w.e.f. 19.09.2008, allowing him to draw subsistence allowance during his suspension period, as admissible under the rules.

5. Police submitted charge sheet in said Noonmati P.S. Case No. 298/2008 against the petitioner and other accused persons of the case. A criminal proceeding being Sessions Case No. 266(KG)/2009 was accordingly registered against the accused persons of the case, including the petitioner. The Trial Court, i.e., the Court of learned Sessions Judge, Kamrup, Guwahati framed charge under Sections 302/304(B)/34 IPC against the petitioner.

6. The learned Sessions Judge, Kamrup, Guwahati by its judgment dated 26.09.2012, passed in said Sessions Case No. 266(KG)/2009, convicted the petitioner under Sections 304(B)/34 IPC and sentenced him to undergo rigorous imprisonment for 7 (seven) years.

7. Because of his said conviction and sentence dated 26.09.2012 in said Criminal Case, i.e., Sessions Case No. 266(KG)/2009 [arising out of said Noonmati P.S. Case No. 298/2008], the respondent SEBA by its Speaking Order No. SEBA/EST/17/98/2975-3000 dated 23.11.2012 terminated the petitioner from his service of w.e.f., 26.9.2012 (Annexure-I to this writ petition).

8. The petitioner, being aggrieved with the said judgment of conviction and sentence dated 26.09.2012, passed in said Sessions Case No. 266(KG)/2009 by the learned Sessions Judge, Kamrup, Guwahati, preferred an appeal before this Court being Criminal Appeal No. 222/2012. After hearing the learned counsels for the parties and on perusal of the records of the Trial Court, the Appellate Court by its Judgment and Order dated 11.01.2018 allowed the said appeal preferred by the petitioner by setting aside his said conviction and sentence dated 26.9.2012, passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 266(KG)/2009 and accordingly, allowed the said appeal of the petitioner (Annexure-II to this petition).

9. Thereafter, the petitioner on 28.02.2018 submitted a representation before the respondent SEBA for his reinstatement in service (Annexure-in to this petition). But the respondent SEBA by its communication No. SEBA/EST/17/98/130 dated 14.05.2018 rejected the prayer of the petitioner for his reinstatement in service holding that the High Court by the order dated 11.01.2018 passed in Criminal Appeal No. 222/2012 though set aside the order of conviction against him, but he was not acquitted honourably and rather on