Lucknow:In another embarrassment for the Uttar Pradesh government, the CAT on Wednesday quashed the appointment of an inquiry officer in the case of suspended IPS officer Amitabh Thakur, calling it “against the rules”.
Thakur was suspended and a string of probes ordered against him after he lodged a first information report against Samajwadi Party chief Mulayam Singh Yadav for allegedly threatening him on phone.
An order passed by a Central Administrative Tribunal bench of Navneet Kumar and Jayati Chandra said that the appointment of V.K. Gupta as the inquiry officer by the state government on July 14, 2015, even before serving a charge sheet on the IPS officer on July 15 was “against the mandatory provisions of Rule 8(6) of the All India Services (Discipline and Appeal) Rules and is hence not sustainable in the eyes of law.
The CAT said the government must also decide over a representation by Amitabh Thakur seeking an opportunity to be heard by Chief Minister Akhilesh Yadav, making it clear in its order that the latter, as minister in charge of the home department, is definitely the competent authority to take decision in cases related with the IPS officers.
The Tribunal said the government must take all actions in the departmental inquiry in accordance with the rules prescribed for departmental inquiries.