(1.) THE judgment and order dated 11.3.2010 passed in WP (C) No. 5957/2009 spurning the challenge of the writ appellant to the decision of non-renewal of his contract as Block Programme Managar (for short, hereinafter referred to as 'BPM') under the District Health Society, Karimganj, (for short, hereinafter referred to as 'the Society') is under impugnment in the present appeal.
(2.) WE have heard Mr. G. N. Sahewalla, Senior Advocate for the appellant and Ms. A. Verma, learned Standing Counsel, Health & Family WElfare Department, Government of Assam for the respondents.
(3.) THE respondent 2, Mission Director, NRHM, Assam is his affidavit in substance pleaded in endorsement of the impugned action contending that on 26.6.2009 a performance appraisal was held and a report was forwarded to him by the District Programme Manager, NRHM, Karimganj which demonstrated that the appellant's peformance was below average. A public complaint dated 5.3.2008 was also referred to and annexed to the second affidavit dated 9.3.2010. THE following salient features of the report of the Performance Appraisal Committee of BPM and DPM of Karimganj District dated 3.8.2009 vis-a vis the performance of the appellant were recited in the affidavit:- i) Poor team spirit and tendency of insubordination; ii) No lucid idea about HMIS and poor HMIS reporting; iii) Lack of coordination with block level healthy functionaries; iv) Involvement in corrupt practice (Third party report).