A writ court cannot extend a expired fixed-term contract, and the termination of such a contractual appointee, provided with notice and an opportunity to respond to allegations, satisfies the principles of natural justice without requiring a formal disciplinary proceeding under service rules.

ORDER

Heard Mr. A.Y. Choudhury, learned counsel for the petitioner. Also heard Mr. A.K. Ghosh, learned standing counsel, P&RD Department, Assam appearing for the respondents.

2. The petitioner, in the present writ petition, has assailed an order dated 13-07-2023 issued by the Commissioner, Panchayat & Rural Development (P&RD) Department, Assam terminating the contractual engagement of the petitioner as Accredited Engineer of Rajatila Gaon Panchayat under Katigorah Development Block, Cachar.

3. The petitioner was engaged as Accredited Engineer by the Commissioner, P&RD Department, Assam vide a communication dated 02-03-2019. The petitioner joined his services as Accredited Engineer, on contractual basis on 07-03-2019. The petitioner after his joining in the services had executed an agreement with the respondent authorities on 07-03-2019. In terms of the said agreement the duration of the contract entered into with the petitioner by the departmental authorities was for the period as mentioned in the order of contractual engagement or maximum 364 (three hundred sixty four) days, whichever is more, unless terminated earlier. The petitioner after execution of the said agreement continued with his services as Accredited Engineer. Allegation came to be levelled with regard to the manner of execution of works in Rajatila Gaon Panchayat under Katigorah Development Block. Accordingly, the petitioner was called as a witness in a departmental proceeding initiated against one Nitotpal Dutta, Accountant of Katigorah Development Block. It is to be noticed that at the relevant point of time a Public Interest Litigation being PIL No. 80/2021 was also instituted before this Court and in terms of the direction passed by this Court an enquiry was carried out by the jurisdictional Deputy Commissioner with regard to the said allegations. On conclusion of the said enquiry, it is seen that an enquiry report was submitted in the matter by the Deputy Commissioner, which was forward subsequently by the Government in the P&RD Department to the Commissioner, P&RD Department, Assam for taking further necessary action in the matter. In terms of the said enquiry report, it is seen that the petitioner was issued with a show-cause notice on 06-05-2023 and therein, allegations were levelled against him with regard to the irregularities as well as the misappropriation of Government funds in connection with the works executed in the Gaon Panchayat, wherein, the petitioner was so engaged on contractual basis as Accredited Engineer. The petitioner is found to have submitted his response to the said show-cause notice vide reply dated 20-05-2023. The petitioner had in the said reply denied the allegations levelled against him in the matter. The Commissioner of Panchayat & Rural Development Department, Assam, thereafter, on considering the enquiry report as well as the reply submitted by the petitioner, herein, proceeded vide order dated 13-07-2023 to terminate the contractual engagement of the petitioner as an Accredited Engineer on Rajatila Gaon Panchayat.

The petitioner being aggrieved has instituted the present writ petition.

4. Mr. A.Y. Choudhury, learned counsel for the petitioner after reiterating the facts noticed, hereinabove, has submitted that the termination of the contractual engagement of the petitioner was on an allegation of commission of misconduct by him during discharge of his duties in such capacity. He further submits that the allegations levelled against the petit