1 2025:CGHC:35992 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2479 of 2021 * - Vinay Kumar Mandavi S/o Shri Jhadu Ram Mandavi Aged About 30 Years R/o Lal Bagicha Ward Dhamtari, District Dhamtari Chhattisgarh Presently Residing At Mararpara, Balod, District : Balod, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary Health And Family Welfare Department Govt. Of Chhattisgarh Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 2 - Director Directorate, Health Services, 3rd Floor, Indravati Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 3 - Chief Medical And Health Officer Balod, District : Balod, Chhattisgarh 4 - Mission Director National Health Mission, 3rd Floor, Chhattisgarh Housing Board Commercial Complex (South East Corner) Sector 27, Atal Nagar, District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Prasoon Agrawal, Advocate For Respondents No. 1 to 3 For Respondent No. 4 : : Mr. Sanjeev Agrawal, Panel Lawyer Mr. C.J.K. Rao, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 24/07/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That, this Hon’ble Court may kindly be pleased to set aside/quash the impugned order dated 12.03.2021 (Annexure P/01) and the petitioner may kindly be reinstated with consequential benefits. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authority to reconsider the Annual Performing Digitally signed by RAMESH KUMAR VATTI Date: 2025.07.28 11:33:15 +0530 2 Appraisal Report (APAR) 2019-20 (ANNEXURE P/7) by providing the opportunity of hearing to the petitioner. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief, which it deems fit and proper. 2. Mr. Prasoon Agrawal, learned counsel appearing for the petitioner, would submit that the petitioner was posted on the post of District Programme Management Accountant at District Programme Management Unit, Balod, pursuant to the appointment order dated 15.10.2015. He would contend that an order was issued on 12.03.2021 whereby his services were terminated, and it was observed that the petitioner failed to improve his work despite the issuance of notice. Mr. Prasoon Agrawal would further submit that as the order is stigmatic and it will affect the future career of the petitioner, that part may be expunged. It is also contended that the petitioner collected the documents from the department under the RTI, and those documents reveal that the work and conduct of the petitioner were good. He would pray to expunge that part of the order dated 12.03.2021. 3. On the other hand, Mr. C.J.K. Rao, learned counsel appearing for respondent No. 4 and Mr. Sanjeev Agrawal, learned Panel Lawyer appearing for respondents No. 1 to 3, would oppose. They would submit that the work and conduct of the petitioner were not found satisfactory, therefore, strictly in accordance with Sub-clauses 34.4 and 34.5 of Clause 34 of Chhattisgarh Human Resources Policy, 2018, the decision was taken by the Mission Director, National Health Service Mission, Chhattisgarh. They would further contend that the period of the contract has already expired and thus, the petition has become infructuous. 3 4. I have heard learned counsel for the parties and perused the documents. 5. Perusal of the documents collected by the petitioner under the RTI would reveal that the work and conduct of the petitioner were good and the observation made in the order dated 12.03.2021 is perverse where it is stated that there was no improvement in the work of the petitioner despite the issuance of notice, therefore, the said part from the order is hereby expunged. 6. As the period of the contract has already expired, no order of reinstatement can be passed in favour of the petitioner. However, the petitioner would be at liberty to approach the respondent authorities for engagement, if so advised. 7. With the aforesaid direction(s) / observation(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti