After the disposal of the appeal, in the event the petitioner was still aggrieved, then he would have an opportunity to avail the remedy before Central Administrative Tribunal (CAT) in accordance with law, the court observed.
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The Allahabad High Court on Wednesday said suspended IPS officer Amitabh Thakur will have first to approach the central government through the competent authority by filing an appropriate appeal against his suspension order. It said that in the event such an appeal was filed with in 15 days from today, the central government shall dispose of the it within three weeks.After the disposal of the appeal, in the event the petitioner was still aggrieved, then he would have an opportunity to avail the remedy before Central Administrative Tribunal (CAT) in accordance with law, the court observed.<!– Dna_Article_Middle_300x250_BTF –>A division bench of Justice Amreshwar Pratap Sahi and Justice Attau Rahman Masoodi passed the judgement while disposing of a writ petition filed by Thakur challenging his suspension order dated July 13 this year.The petitioner alleged that the continued suspension order on account of inaction of the respondent – state and the malafide alleged deserve to be interfered with and the court should invoke its writ jurisdiction for quashing the same. A preliminary objection was raised on behalf of the respondents with regard to the maintainability of the writ petition while referring to rulings of the apex court and opposed the petition. In response, the petitioner had drawn the attention of the court to the order passed by the CAT dated November 30.”The suspension order has to be viewed in the light of the allegations raised on the issue of jurisdiction, violation of rules and malafides, if any, and the Central Administrative Tribunal is not precluded from entertaining any such petition as has been observed in the order dated November 30,” the court observed.Thakur was suspended after he had accused Samajwadi Party chief Mulayam Singh Yadav, on July 10 of threatening him on phone. He alleged that Yadav was angry because his wife Nutan had filed a corruption case against a minister in the state government. However, the state government said that Thakur was suspended on charges of indiscipline and corruption.

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Amitabh Thakur will have to move govt first against his suspension: Allahabad HC