Mustafa Ahmed Laskar vs The State Of Assam And 3 Ors
2025 Latest Caselaw 8428 Gua

Gauhati High Court

Mustafa Ahmed Laskar vs The State Of Assam And 3 Ors on 10 November, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

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GAHC010241262025




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/6311/2025

         MUSTAFA AHMED LASKAR
         S/O- SAJ UDDIN LASKAR, PERMANENT RESIDENT OF VILL.- BOALIPAR
         PT-II, P.O. BOALIPAR BAZAR, DIST. HAILAKANDI, ASSAM-788155.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, DEPARTMENT OF HEALTH AND FAMILY WELFARE, DISPUR,
         GUWAHATI-06.

         2:THE NATIONAL HEALTH MISSION
          REPRESENTED BY THE MISSION DIRECTOR
          NATIONAL HEALTH MISSION
         ASSAM
          SAIKIA COMMERCIAL COMPLEX
          G.S. ROAD
          SRINAGAR PATH
          CHRISTIAN BASTI
          GHY-781005.

         3:NATIONAL RURAL HEALTH MISSION
         ASSAM
          REPRESENTED BY THE EXECUTIVE DIRECTOR
          DY. SECY. HEALTH AND FAMILY WELFARE DEPARTMENT
          GOVERNMENT OF ASSAM
          HOUSE NO. 16
          JANA PATH
          OPPOSITE KENDRIYA VIDYALAYA
          KHANAPARA
          GHY-22.
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            4:DISTRICT HEALTH SOCIETY
             REPRESENTED BY THE JOINT DIRECTOR OF HEALTH SERVICES CUM
            MEMBER SECRETARY
             DISTRICT HEALTH SOCIETY
             SRIBHUMI
             HOSPITAL ROAD
             SRIBHUMI

Advocate for the Petitioner   : MR M J QUADIR, MR. A K HANNAN

Advocate for the Respondent : SC, HEALTH, SC, NHM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

10.11.2025

Heard Mr. M.J. Quadir, learned counsel for the petitioner. Also heard Ms. A. Borah, learned Standing Counsel, NHM.

The petitioner is before this Court putting to challenge the termination order issued to him by the Department. The petitioner was serving as a Block Data Manager on contractual basis under National Rural Health Mission. Because of some messages shared or posted in the social media, some FIR was lodged against the petitioner and pursuant to which he was arrested. However, he was released on bail by the Court of Special Judge, Hailakandi on 27.08.2025. The respondent authorities however, considering the fact that the petitioner was taken into custody pursuant to the FIR lodged, terminated the service of the petitioner by order dated 27.07.2025.

It is the submission of the learned counsel for the petitioner that no opportunity of hearing or any show cause notice was issued to the petitioner Page No.# 3/3

before his termination. Being aggrieved the present writ petition has been filed.

The learned counsel for the petitioner has also referred to and relied upon the judgment passed by the Co-ordinate Bench of the this Court vide judgment and order dated 25.02.2025 in WP(C) No.4061/2023.

Ms. A. Borah, learned Standing Counsel, NHM on the other hand submits that she would like to obtain her instructions in this matter.

Accordingly, issue notice returnable within four weeks.

Since the respondents are duly represented, notices are waived. However, extra copies be furnished within a period of one week from today.

List the matter again after returnable date.

Till the next date fixed the post in which the petitioner was serving and from which he was terminated shall not be filled up by the NHM Department without leave of the Court, if not otherwise filled up in the meantime.

JUDGE

Comparing Assistant