VINOD KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is a Village Development Officer. He is aggrieved by an order of the Chief Medical Officer, Ambedkar Nagar dated 08th March, 2016, whereunder his representation has been rejected on the ground that a large number of complaints were received against him and a fact finding enquiry is under progress.

(2.) Earlier, the petitioner preferred a writ petition i.e. Service Single No. 3356 of 2016 (Vinod Kumar Gupta v. State of U.P. & others) challenging an order on the ground that no disciplinary proceeding is still pending against him and by the impugned order threin his work has been curtailed. This Court vide its order dated 22.2.2016 disposed of the said writ petition with a direction upon the Chief Development Officer to look into the matter and decide the petitioner's representation.

(3.) In compliance thereof, the Chief Development Officer has rejected the petitioner's representation vide impugned order dated 08th March, 2016 on the ground that the District Magistrate has approved the order on 08th February, 2016 in regard to his posting. In the impugned order he has also mentioned that several complaints, in respect of financial irregularities, were received from Gram Panchayats where the petitioner was working earlier, and fair enquiry would not be possible in case the petitioner is allocated the work of Secretary, therefore, he has not been entrusted the work of Secretary, Gram Panchayat. It is also stated that assignment of Gram Panchayat is an administrative function hence his representation has been rejected.