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2025 Supreme(Gau) 1921

THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ASHUTOSH KUMAR, CJ., ARUN DEV CHOUDHURY
Jan Saikia, Son of Sri Mohiram Saikia – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. K.N. Choudhury, Senior Advocate assisted by Mr. L. Gogoi, Advocate.
For the Respondents:Mr. S. Dutta, Standing Counsel, Panchayat and Rural Development Department for respondent Nos.1 to 4.

JUDGMENT & ORDER :

(Ashutosh Kumar, C.J.)

We have heard Mr. K.N. Choudhury, learned Senior Advocate assisted by Mr. L. Gogoi, learned Advocate for the appellant and Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department for respondent Nos.1 to 4.

2. The services of the appellant was terminated vide order dated 28.03.2023, which termination order was questioned by him before a learned Single Judge of this Court in WP(C) 4632/2023, who refused to interfere with the decision of the respondents. Hence, this appeal.

3. The appellant was appointed as a Computer Assistant on contractual basis on 27.02.2009 but continued in the service till the time his service was dispensed with in the year 2023. While the appellant was working at Naharbari Gaon Panchayat in the district of Dhemaji, an FIR was lodged with the CID police station with respect to leakage of question paper of HSLC examination in General Science subject.

During the course of investigation of the afore-noted case, namely, CID PS Case No.3/2023, which was registered under Sections 120 B/420/427/409 IPC read with Section 66 B of the Information Technology Act, 2000, the name of the appellant surfaced. He wa

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