IPS officer Amitabh Thakur on Thursday termed the extension of his suspension by the U.P. government as “completely illegal”, after the Centre told the Allahabad High Court that the continued suspension is against rules and Mr. Thakur should be reinstated.
In a letter to Principal Secretary (Home), Mr. Thakur said the Central government passed the order on March 31, 2016, under rule 19(2) of All India Services Discipline and Appeal Rules which the State government was legally bound to comply with.
He claimed instead of complying with the order passed by the Centre, after having given the State government an opportunity to present its facts, the U.P. government passed an “extremely bizarre order” in which it said his suspension will automatically continue till departmental inquiry on various court orders remains pending.
Terming the order as “completely illegal”, Mr, Thakur said he will soon challenge it in high court.
The Centre has told the Allahabad High Court and the Uttar Pradesh government that the continued suspension of Mr. Thakur was against rules and he should be reinstated.
The Union Home Ministry told the High Court through an affidavit that the Uttar Pradesh government has not extended the suspension of the 1992-batch IPS officer even as its initial three-month period lapsed on October 11, 2015.
Non-extension of suspension order within 90 days violates the All-India Services Rules and allows his or her reinstatement, a Home Ministry official said.
The ministry’s submission before the High Court is followed by Mr. Thakur’s petition against his continuous suspension.
Relevant provision
The Uttar Pradesh government has also been told about the relevant provision of the All India Services Rules and the necessity of reinstating Mr. Thakur.
The IPS officer was suspended in July 2015 for alleged indiscipline and corruption. The order had come after Mr. Thakur had lodged a complaint against Samajwadi Party chief Mulayam Singh Yadav for allegedly threatening him over phone.
A vigilance probe was also ordered against Mr. Thakur and the department later lodged an FIR against him for holding assets disproportionate to his known sources of income.
In November last year, Mr. Thakur had written to Prime Minister Narendra Modi claiming he was suspended not for dereliction of duty or impropriety in official work but for working more.
The Home Ministry affidavit was submitted in a contempt petition filed by Mr. Thakur against Union Home Secretary Rajiv Mehrishi at the Lucknow bench of the Allahabad High Court.
Presenting the affidavit to the UP home department, Mr. Thakur has sought issuance of a formal order of reinstatement.
“I have presented this order to the state Home Department seeking reinstatement,” he said. -
