SALEH AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. Uddin, learned counsel for the petitioner as well as Mr. P. Hazarika, learned counsel representing all the respondents.

(2.) Challenge is made to the order dated 23.12.2011 (Annexure-9) issued by the Mission Director, NRHM, Assam rejecting the representation and holding that the petitioner is not fit to continue in service under the National Rural Health Mission. This order was passed pursuant to directions of this Court in Writ Appeal No. 77/2010, whereby the respondent authority was directed to record a decision on the earlier order of termination dated 11.12.2009 after affording all reasonable opportunities of hearing to the petitioner.

(3.) Short facts are that the petitioner was appointed as Block Programme Manager under the National Rural Health Mission (NRHM) by order dated 29.05.2007. At the relevant time, the petitioner was posted at Kachuadam Primary Health Centre in the District of Karimganj. In the course of employment, the petitioner had successfully undergone Training-cum-Oriental Programme as well as State level training on Routine Immunization. However, by order dated 11.12.2009, the petitioner was informed that his services will not be renewed. Aggrieved, the petitioner had approached this Court in WP(C) No.5957/2009 and the same having been dismissed by order dated 11.03.2010, preferred appeal, being Writ Appeal No. 77/2010. Judgment in the Writ Appeal was rendered on 01.09.2011 and this Court while appreciating the facts in issue, set aside the order of termination primarily on the ground of lack of fairness in action on the part of the State respondents. A direction was made allowing the petitioner to represent against the ground on which the impugned order of termination had been issued with further direction to the respondent authorities to afford all reasonable opportunities to the petitioner and thereafter to record a decision on the issue. Two months' time was granted to the respondent authorities to complete the exercise.