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HC refuses compensation to Amitabh Thakur for illegal suspension
Lucknow: The Lucknow bench of Allahabad High Court dismissed the petition filed by IPS officer Amitabh Thakur praying for Rs 10 lakh as compensation from the Uttar Pradesh government for having kept him illegally suspended for months.
The HC bench, comprising Justice Narayan Shukla and Justice Sanjay Harkauli, passed this order after hearing petitioner's counsel Dr Nutan Thakur and Chief Standing Counsel Ramesh Pandey.
Pandey said that compensation after reinstatement is not possible under law. Similarly, he defended the state government officers by saying that they have discharged their duties in accordance with law and no action is required to be taken against them.
The court said that award of compensation against illegal suspension cannot be granted since the petitioner would become entitled to get the full salary for this period, if he is exonerated from charges. It said it was not issuing direction to the Chief Secretary for taking action as proposed, but it is open to the petitioner to adopt a recourse to remedy in accordance with rule.
In the petition, Amitabh had said that he was kept illegally suspended for seven months despite his suspension having lapsed after 90 days.