IPS officer vs Mulayam: ‘Suspension wrong, Thakur should be reinstated, Centre tells court, UP govt

Thakur was suspended by state government on July 13, 2015.

The MHA’s submission came in response to a petition filed by Thakur against his continuous suspension. In his plea, Thakur had sought contempt of court proceedings against Union Home Secretary Rajiv Mehrishi for not deciding his appeal challenging the suspension in three weeks’ time as ordered by the Lucknow bench of the High Court while hearing an earlier petition.

The affidavit submitted by MHA undersecretary Mukesh Sawhney states that Thakur was suspended on July 13, 2015 and the order was reviewed and extended on December 10. Non-extension of suspension order within 90 days violates the All-India Services Rules and allows an official’s reinstatement, it said.

“As such, the central government has taken a view that the suspension of Shri Amitabh Thakur, IPS, stands revoked with effect from October 11, 2015 as per rule 3(8)a of the All India Services (Discipline and Appeal) Rules 1969,” the affidavit said.

The MHA further stated that it had conveyed its decision to state government through a letter dated March 31.

Meanwhile, presenting a copy of the affidavit to the UP home department, Thakur sought issuance of a formal order of reinstatement.”I have presented this order to the state home department seeking reinstatement,” he said

Contacted, UP’s Principal Secretary (Home) Debashish Panda did not reply when asked about the letter sent by MHA regarding revoking of Thakur’s suspension.

The IPS officer was suspended in July on charges of indiscipline and corruption. The suspension order had come days after he had lodged a police complaint against Samajwadi Party chief Mulayam Singh Yadav for allegedly threatening him over phone. He had also made public the audio of the purported conversation.

According to Thakur, SP chief was apparently irked over his (IPS officer’s) wife Nutan filing a complaint with Lokayukta against UP mining minister Gayatri Prasad Prajapati for allegedly amassing disproportionate wealth. Thakur was posted as IG, Civil Defence, at the time of his suspension.

A vigilance probe was also ordered against Thakur and the vigilance department later lodged an FIR against him for allegedly holding assets disproportionate to his known sources of income. In November, 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. He had also requested the Prime Minister to help him get justice.