Heard Ms. P Das, Learned Counsel for the Petitioner. Also heard Ms. A Bora, Learned Standing Counsel, National Health Mission (NHM).

2. The petitioner, in the present writ petition, has presented a challenge to an order dated 27.10.2016, issued by the Mission Director, National Health Mission (NHM), Assam, terminating the contractual engagement of the petitioner by invoking the provisions of Clause 9 of the agreement executed, in this connection, between the petitioner and the authorities of the National Health Mission (NHM).

3. As projected in the Writ Petition, in pursuance to a process of selection, the petitioner, herein, was engaged as an Assistant Engineer (Civil), in the National Rural Health Mission (NRHM), Assam, and was posted in the Dibrugarh district. The said order was issued by the Mission Director, National Rural Health Mission (NRHM), Assam. In pursuance, to his such engagement, the petitioner, on 21.06.2013, proceeded to execute an agreement with the District Project Manager, National Rural Health Mission (NRHM). In terms of the said agreement, the petitioner’s engagement on contractual basis was for a period w.e.f 21.06.2013 to 31.03.2017. The petitioner, on being so engaged and upon execution of the agreement, as noticed, hereinabove, continued with his services as an Assistant Engineer (Civil) on contractual basis.

The respondent no. 2, basing on certain allegations of the commission of irregularities by the petitioner, towards discharging of his duties as an Assistant Engineer, (Civil) in Dibrugarh, proceeded to issue a show-cause notice to the petitioner on 13.07.2016. The petitioner responded to the said show-cause notice vide his reply dated 28.07.2016. It is in pursuance to the said process undertaken that the respondent No. 2, proceeded, vide the order dated 27.10.2016, to communicate to the petitioner, the termination of his engagement as an Assistant Engineer (Civil) on a contractual basis after 1 (One) month from the date of issue of the said order.

Being aggrieved, the petitioner has instituted the present writ petition.

3. Ms. P Das, Learned Counsel for the Petitioner, after reiterating the facts noticed, hereinabove, has submitted that the respondent authorities, while proceeding to issue the impugned communication dated 27.10.2016, terminating the contractual services of the petitioner, had miserably failed to take into account, the reasons assigned by the petitioner in his reply dated 28.07.2016. She submits that on account of certain medical issues faced by the petitioner, as well as family problems arising at the said point of time, on account of proceedings instituted against the petitioner by his wife, the petitioner was in a disturbed state of mind. Accordingly, there may have occasioned a lapse, on the part of the petitioner, in discharging his duties, but such lapse was not intentional, but was on account of the circumstances that the petitioner had found himself to be in. Ms. P Das, Learned Counsel for the Petitioner, by referring to the materials brought on record, more particularly the communication dated 22.11.2016, issued by the Project Engineer (Civil), NHM, Assam, Zone A, Jorhat, has submitted that a perusal of the same would reveal that the said authority had brought on record the performance of the petitioner and had required the re-engagement of the petitioner as an Assistant Engineer (Civil). Ms. P Das, Learned Counsel for the Petitioner further submits that vide a communication dated 16.12.2016, the Member Secretary, District Health Society, Dibrugarh, had also required the Executive Engineer, NHM, Assam, to re-engage the petitioner, considering the services rendered by him earlier. Ms. P Das submits that the communications dated 16.12.2016 and 18.12.2016, would bring to the forefront that the services rendered of the petitioner, was satisfactory. She submits that only on account of certain issues faced by the petitioner at the relevant point of time, for a short period, the