Petitioners are not involved, either directly or indirectly, in the leakage of the question papers. Therefore, the allegation under Section 9 of the Orissa Conduct of Examination Act, 1988 is not made out against the present petitioners. Moreover, this Court further observes that although the order taking cognizance by the learned Magistrate is in the year 1996, the inquiry report of the commission is of the year 1999. The report submitted by the Commission of Inquiry pursuant to the order passed by this Court in a writ petition is a detailed one and based on thorough inquiry by the Inquiry Commission. It further appears that the Inquiry Commission has taken note of all the aspects of the matter before filing the inquiry report. Taking into consideration the observations of the Commission of Inquiry and further keeping in view the fact that the occurrence is of the year 1996, this Court in the greater interests of justice, is of the view that any further continuance of the case would definitely cause harassment and injustice to the petitioners and would also result in an abuse of the processes of law. Accordingly, the entire proceeding in the G.R. case No.872 of 1996 pending in Court of learned S.D.J.M., Bhubaneswar, so far as it relates to the present Petitioners, stands quashed.
