JUDGMENT : B. Rath, J. - Heard Sri J.Sahu, learned counsel for the petitioner, Sri Behera, learned Additional Standing Counsel for the State and Sri P.N. Patnaik, learned counsel for O.P.2. 2. This matter involves a challenge to the disengagement order, vide Anexure-4. 3. Assailing the impugned order at Annexure-4, Sri J. Sahu, learned counsel for the petitioner while seeking quashing the impugned order of disengagement taking this Court to the provision in the Circular from time to time appearing at Annexures-A/2 & B/2 contended that for involvement of no offence contemplated either in the Circulars at Annexure-A/2 or Annexure-A/3, the ground of disengagement of the petitioner involving Annexure-4 is improper. Sri Sahu, learned counsel for the petitioner further taking the statutory provision in the Mehamta Gandhi National Rural Employment Guarantee Act, 2005 contended that Section 25 is the only provision for imposition of penalty involving Gram Rozgar Sevak, accordingly the order of disengagement at Annexure-4 becomes bad. 4. To the contrary, Sri. P.N. Patnaik, learned counsel for O.P. 2 taking this Court to the decision of disengagement being the involvement of the petitioner in G.R. Case No. 703/2016 registered under Sections 420/506, I.P.C., since the petitioner is on bail involving such criminal case and further taking the stand that the petitioner since involved in a case involving moral turpitude, contended that there is no illegality in taking away the service of such person. 5. Sri Behera, learned Additional Standing Counsel for the State supported the contention raised by Sri P.N. Patnaik, learned counsel for O.P.2. 6. Considering the submission of the parties and after going through the documents available for raising the disengagement of the petitioner at Annexure-4, this Court finds, the petitioner has been disengaged on account of his involvement in a criminal case facing charge under Section 420/506, I.P.C. Looking to the Circulars issued from time to time involving disengagement of the Gram Rozgar Sevakas under the Act, 2005, this Court from Annexure-A/2 finds, the document at Annexure-A/2 when permits disengagement of contractual employee on the ground of misconduct/ inefficiency without affording reasonable opportunity of being heard before disengagement, this Court here finds that there is no involvement of either misconduct or inefficiency by the petitioner to attract the direction involving this Circular. Similarly, coming to the document at Annexure-B/2, this Court finds, by issuing the subsequent Circular in the year 2012, there is a direction to the competent authority to disengage the non-performing Gram Rozgar Sevakas and Gram Rozgar Sevakas committing any irregularity or illegality leading for action under Section 25 of MGNREGS Act, 2005. From the discussions in the disengagement order, vide Annexure-4, this Court finds, there is absolutely no involvement of above nature of offence. It is on the other hand, it appears, the petitioner was terminated for his involvement in a criminal case and he is already on bail. Since the disengagement is based on a reason outside the purview of the statute as well as the guidelines governing the Gram Rozgar Sevakas, this Court finds the termination order, vide Annexure-4 becomes bad. In any event since the petitioner is in a contractual employment unless involved in serious offence and convicted, no order of disengagement in the circumstances is warranted. 7. This Court, therefore, interfering in the termination order sets aside the same but at the same time taking into consideration that the petitioner is involved in a criminal case involving the charges under Section 420/506, I.P.C., considering that the petitioner is already on bail, it will be open to the employer to take up the issue dependent on the ultimate outcome involving the criminal proceeding at appropriate stage and in the event the petitioner is convicted. Petitioner be treated to be continuing without any interruption and with all financial benefits. 8. The writ petition stands disposed of with the above direction.