GUWAHATI, India, Dec. 11 -- Gauhati High Court issued the following order on Nov. 11:

1. 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 was arrested on 17.03.2023 as his involvement in the paper leakage process was detected but was released on bail on 12.05.2023.

4. The Commissioner, Panchayat & Rural Development Department, Assam vide his order dated 28.03.2023, impugned in the writ petition, ordered that since the appellant was arrested in connection with CID PS Case No.3/2023, it became embarrassing for the employer. Thus invoking clause 11 of the Contract Agreement (wrongly referred to as clause 9 of the Contract Agreement), the services of the appellant was terminated with immediate effect.

5. Clause 11 of the Contract Agreement is being extracted here for the sake of completeness:

"11. Termination of contract: The Agency reserves the right to terminate the contractual agreement at any point of time if it is found that the services rendered by the contractual staff is not satisfactory, or if it is found that any declaration of information furnished by him/her proves to be false or willfully suppressed, or if there is any breach of any of the terms and condition of this Term of Contractual Engagement, or if the contractual staff is found to be involved in any act of indiscipline or misconduct, or if the contractual staff is found to be involved in any act that may become embarrassing for the Agency, or if the contractual staff is absent from job for one week without any prior written sanction. In case funds are not available under the administrative contingency head from where the remunerations are paid, the contract may be terminated forthwith without any notice. The decision of the Agency in this regard shall be final and binding on the contractual staff and shall not be subject to challenge."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpFwHGcO48tJWT3Gv6MBVmAWTNG8yT0RGvrTbL3gNC%2Bls&caseno=WA/64/2024&cCode=1&cino=GAHC010288502023&state_code=6&appFlag=)

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