Page No.# 1/9 GAHC010071952018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2260/2018 RANJIMA BORA D/O- SRI DEBENDRA NATH BORAH, R/O- NORTH HAIBARGAON, NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE DEPTT. OF HEALTH AND FAMILY WELFARE, GOVT OF ASSAM, DISPUR, GUWAHATI- 06 2:THE PRINCIPAL SECRETARY GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPTT DISPUR GUWAHATI- 06 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI- 36 4:THE JOINT DIRECTOR HEALTH SERVICES NAGAON ASSAM 5:THE ADDITIONAL DIRECTOR HEALTH SERVICES ASSAM HENGRABARI GUWAHATI- 36 Page No.# 2/9 6:THE DEPUTY COMMISSIONER NAGAON DIST- NAGAON ASSAM 7:THE SENIOR DISTRICT MEDICAL HEALTH OFFICER NAGAON ASSAM 8:THE INCHARGE OF MENTAL HEALTH PROGRAM NAGAON DIST- NAGAON ASSAM 9:THE STATE NODAL OFFICER NATIONAL MENTAL HEALTH PROGRAM DEPTT OF PSYCHIATRY GUWAHATI MEDICAL COLLEGE GUWAHATI- 32 ASSA Advocate for the Petitioner : MR. P K GOSWAMI, MR. B P BORAH,MR P J DUTTA Advocate for the Respondent : SC, HEALTH, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 23.07.2026 Heard Mr. B P Borah, Learned Counsel for the Petitioner. Also heard Mr. A Chaliha, Learned Standing Counsel, Department of Health & Family Welfare, Assam. 2. The Petitioner in the present Writ Petition has presented a challenge to an order dated 21.02.2018, by which the contractual services of the Petitioner, was discontinued with an immediate effect Page No.# 3/9 and until further orders. 3. As projected in the Writ Petition, the Petitioner, in pursuance to a process of selection, was, vide an order dated 28.05.1999, appointed on a contractual basis, as a Receptionist, under the District Mental Health Programme, a programme, introduced by the Ministry of Health & Family Welfare. The Petitioner was so appointed in the district of Nagaon. As the said programme was being continued with, the services of the Petitioner was also being so extended. Thereafter, vide an order dated 21.02.2018, the Joint Director of Health Services, Nagaon, in terms of a direction, issued in this connection, by the Director of Health Services, Assam, proceeded vide an order dated 21.02.2018, to discontinue the services of the Petitioner. Being aggrieved, the Petitioner has instituted the present Writ Petition. 4. Mr. B P Borah, Learned Counsel for the Petitioner, after reiterating the facts noticed, hereinabove, has submitted that the programme, against which the Petitioner was appointed, is still in existence and accordingly, the appointment of the Petitioner, being co-terminus with the said scheme, her services were required to be so continued with. Mr. B P Borah, Learned Counsel for the Petitioner, submits that vide order dated 21.02.2018, for the purpose of Page No.# 4/9 discontinuing her services, no reasons came to be disclosed. He submits that before issuance of the order of discontinuation of her services, no notice was issued to the Petitioner, informing her about any misconduct committed by her and/or that her services were not satisfactory. 5. Mr. B P Borah, Learned Counsel for the Petitioner, submits that for the first time, the Respondents in the affidavit filed in the matter, had brought on record that the Petitioner’s behavior in the establishment, was not one which is so mandated from an employee, who is employed in a government institution and/or programme. He submits that it is projected that the Petitioner used to quarrel with her colleagues, as well as, misbehave with the senior Officers. It is projected that the conduct of the Petitioner had the effect of disrupting the medical services, rendered in the institution, wherein, the District Mental Health Programme was being implemented. 6. Mr. B P Borah, Learned Counsel for the Petitioner submits that the allegations now leveled against the Petitioner reveals a commission of misconduct by her and accordingly, in the event the Petitioner was required to be terminated from her service, an enquiry, in the matter, involving the Petitioner, was mandated to be so held. He submits that given the background leading to the issuance of the Page No.# 5/9 order dated 21.02.2018, the termination of services of the Petitioner, was clearly stigmatic. Accordingly, he submits that the said order of termination of services of the Petitioner would mandate an interference from this Court. 7. Per contra, Mr. A Chaliha, Learned Standing Counsel, Department of Health & Family Welfare, Assam, by taking this Court through the reasons adduced in the affidavit filed in the matter by the Respondents, basing on which the order dated 21.02.2018, was issued, has submitted that the behavior of the Petitioner, during the period she had discharged her duties, had the effect of disrupting the activities of the institution, wherein, the District Mental Health Programme was being so implemented. He submits that reports, in this connection, being placed before the Director of Health Services, Assam, it was required that the services of the Petitioner be discontinued in the interest of the personnel and patients of the institution, wherein, the District Mental Health Programme, was being so implemented. 8. Mr. A Chaliha, Learned Standing Counsel, Department of Health & Family Welfare, Assam, on instructions, has further submitted that after the order of discontinuation of services of the Petitioner, was stayed by this Court, vide an order dated 11.04.2018, Page No.# 6/9 the Petitioner has continued to demonstrate such unruly behavior in the institution and has again disturbed the smooth conduct of the patient care being provided in the said institution, wherein, the District Mental Health Programme, is now being implemented. He submits that due to the existence of the interim orders so passed in the present proceedings, the Respondent authorities have not taken any action, against the Petitioner. 9. I have heard the Learned Counsel for the parties and perused the materials available on record. 10. Although, in the order dated 21.02.2018, no reason has been assigned for the discontinuation of the contractual service of the Petitioner, a perusal of the affidavit, filed in the matter by the Respondents, would go to reveal that the Petitioner was alleged to have hindered with the healthcare services provided to mentally ill persons, in the institution, wherein, the District Mental Health Programme, is being implemented and where the Petitioner is working as a Receptionist. The Petitioner is alleged to have demonstrated unruly behavior to her colleagues, as well as, patients and also misbehaving with the authorities of the said institution. It is also projected that the police cases were also registered by the colleagues of the Petitioner alleging, therein, that the Petitioner had Page No.# 7/9 physically assaulted them. It is also seen that the Petitioner was issued show-cause notices, with regard to the misbehavior committed by her with her Controlling Officer. 11. On reading of the affidavit, this Court finds that the actual reason behind the issuance of the order dated 21.02.2018, is the misconduct committed by the Petitioner, during her service as a Receptionist under the District Mental Health Programme, being implemented in Nagaon. This Court does not find that the Petitioner was given any notice, wherein, by highlighting such misconduct, she was required to place her clarifications in the matter. The only show- cause notice found in the records, is one issued to the Petitioner, alleging commission of misbehavior by her with her Controlling Officer. However, the same is also not found to have been taken to its logical conclusion. The impugned order dated 21.02.2018, admittedly, is innocuous one, however, on perusal of the reasons adduced by the Respondents, in support of the same, this Court finds that the termination of the services of the Petitioner was clearly stigmatic. This Court also does not find that an opportunity was given to the Petitioner to bring on record her clarifications, with regards the allegations leveled against her and the order dated 21.02.2018, being passed after appreciating the clarifications submitted in the matter by Page No.# 8/9 the Petitioner. 12. Having drawn the said conclusions, this Court notices that, vide order dated 11.04.2018, this Court had kept the said order dated 21.02.2018 in abeyance. The said order, passed on 11.04.2018, was, thereafter, continued with. The Respondents have not filed any Interlocutory Application praying for vacation of the said order. 13. Although, it is the instructions received by Mr. A Chaliha, Learned Standing Counsel, Department of Health & Family Welfare, Assam, that the Petitioner has continued to demonstrate unruly behavior in the said institution, however, it has not been brought on record that the Petitioner, after the passing of the interim orders, had again resorted to unruly behavior, which had the effect of hindering the functioning of the institution, wherein, the Petitioner is working as a Receptionist, in connection with the District Mental Health Programme. Accordingly, this Court is of the considered view that the interim orders passed in the present proceedings, must be made absolute. Accordingly, the impugned communication dated 21.02.2018, stands set-aside. 13. This Court, having interfered with the order dated 21.02.2018, and thereby, permitted the continuation of the Petitioner in her contractual services, the same would not restrain the Page No.# 9/9 Respondent authorities, to proceed against the Petitioner, in the event any commission of misconduct is reported against her, after following the due process of law. 14. It is provided that the Respondent authorities would be at liberty to evaluate the services rendered by the Petitioner and in the event, it is found that the said services being rendered by the Petitioner are not satisfactory, the Respondents may take such steps, in connection with the services of the Petitioner, in accordance with her order of appointment, provided there is no allegation of misconduct leveled against the Petitioner, in such circumstance. 14. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Comparing Assistant