JUDGMENT :

Sudhanshu Dhulia, J.

Heard Mr. T.C. Chutia, learned counsel for the writ appellants. Also heard Ms. S. Nazneen, learned counsel, appearing for the respondent No.1 and Ms. P. Chakraborty, learned standing counsel, Education (Higher) Department, appearing for the respondent No.2.

2. This writ appeal has been filed by the appellants, who are the respondents before the learned Single Judge, challenging the order of the learned Single Judge dated 28.01.2021 passed in WP(C) No.2179/2019 (Kushal Das -Vs- The State of Assam & 3 Ors.), by which the learned Single Judge has allowed the writ petition of the petitioner (private respondent No.1 before this Court) and has directed for his reinstatement in service.

3. The brief background of the case is as follows.

The writ petitioner/private respondent No.1 was appointed as LDA-cum-Typist in the Board of Secondary Education (SEBA), Assam on 12.05.1998. While in service, his marriage was solemnized on 02.05.2008 but after four months of the marriage, his wife allegedly committed suicide on 18.09.2008. Thereafter, accusing the writ petitioner and his family members, an FIR was filed by the father of the deceased before the Noonmati Police St