1. Heard Dr. B Ahmed, the learned counsel for the petitioner and Ms. A Bora, the learned Standing Counsel for the National Rural Health Mission (NRHM) who appears for the respondent Nos. 3, 4 and 5. None appears for the respondent Nos. 1 and 2 i.e., Health & Family Welfare Department.

2. The case of the petitioner in brief is that he was appointed as a Cashier in the Office of the Mission Director, NRHM, Guwahati vide order dated 29.05.2007 (Annexure-1). The appointment was on contract basis requiring the petitioner to sign the terms of the contract within 15 days. Pursuant to his appointment, the petitioner joined the post and was working as such until a show cause notice was issued to him on 03.08.2013 (Annexure-2) . The show cause notice was issued by the Mission Director, NHM alleging that the petitioner failed to maintain manual cash book for the financial year 2012-2013 and 2013-2014. Further, it was stated that the petitioner did not deposit before the authorities concerned the income tax, VAT and Forest Royalty which were deducted from the bills since March 2009. He also failed to produce vouchers amounting to Rs.7,33,46,473/- as was raised by the PAG in their inspection report. He was therefore asked to show cause within 7 days of receipt of the notice as to why disciplinary action should not be taken against him for his casual attitude.

3. Upon receiving the show cause notice, the petitioner submitted his reply to the Mission Director, NRHM on 08.08.2013 (Annexure-3). By the said reply, the petitioner gave a detailed explanation on the allegation that was made against him. The petitioner over and above stated that he had not done any wrong intentionally and therefore if any fault was found, the same being for the first time, he may be excused. The petitioner also undertook to submit manual cash books monthly with Tally BRS regularly without fail. The Mission Director upon considering the reply of the petitioner dated 08.08.2013 did not find a satisfactory reply. However, he directed the petitioner to complete all the pending works including the cash book, preparation of BRS on monthly basis, deposit the pending statutory dues and meet the requirement of auditor by supplying records and he warned the petitioner not to repeat the short comings in future. The same was communicated to the petitioner in the form of a warning notice on 02.09.2013 (Annexure-4) .

4. Subsequently, the Mission Director, NHM vide notice of termination dated 27.04.2015 (Annexure-16) terminated the service of the petitioner w.e.f. the afternoon of 27.04.2015 with a salary of one month as per the terms of contract. In the termination notice, it was indicated that the petitioner was warned for sub-optimal performance vide the warning notice dated 02.09.2013. But inspite of that, it was found that a large number of beneficiary cheques under the NHM for compensation were kept pending for disbursement and the validity of the cheques got expired. The Director, Finance and Accounts, NHM observed that the reply furnished by the petitioner for not making payment to the beneficiary in time was not found to be satisfactory. Therefore his performance not being satisfactory, it was not upto the level of mission mode working requirement under the NHM, Assam. Therefore, the petitioner was terminated from his appointment.

5. Soon after the petitioner was terminated, the Mission Director, NHM issued an advertisement for the post of Cashier vide Advertisement dated 29.05.2015 (Annexure-7) which according to the petitioner was only an ulterior motive to appoint some other person in place of the petitioner. The petitioner however, before issuance of the Advertisement submitted a representation before the Mission Director, NHM against his termination on 28.04.2015 (Annexure-8). In his representation, the petitioner stated that the delay in obtaining the Account Payee Bank Draft in favour of the beneficiary was only due to the concerned file being routed