| In the study leave case related with 1992 batch IPS officer Amitabh Thakur, the Uttar Pradesh government has now moved to the High Court. The State government filed a Writ Petition No 268 of 2011(S/B) in Allahabad High Court, Lucknow Bench. Amitabh Thakur had applied for Study Leave on 30/04/2008 under the All India Services (Study Leave) Regulations 1960. He needed this study leave for Fellow Program in Management course at IIM Lucknow. The State government did not take any decision over this matter and kept it deliberately pending for long. Thakur filed 3 cases in CAT, Lucknow and 2 in Allahabad High Court. The State government rejected his study leave application on certain grounds but it granted extra-ordinary leave for 2 years from 08/06/2009, saying that the Human Resource Management course to which Thakur was going was directly related with his service. Later in Original Application No 238 of 3009, on 07/07/2010 CAT, Lucknow ordered that the 3 reasons specified by the State government for refusing Thakur's study leave were unsustainable. CAT said that Amitabh Thakur be granted study leave as per law. Even then, the State government did not comply with order of CAT. After this Thakur filed a Contempt petition No 47 of 2010 in CAT. CAT issued contempt notice to G K Pillai, Union Home Secretary, Kunwar Fateh Bahahur, Principal Secretary Home and Karamvir Singh, DGP, UP and asked them to comply with the CAT order by 21/02/2011. Now that the State government official are facing the contempt notice, the State government, instead of complying with the legal and valid order of CAT is once again trying to avoid it by filing this Writ Petition. In the writ petition, they have made Amitabh Thakur and CAT, Lucknow bench as the opposite parties and have challenged the CAT order. Today (18/02/2011) both the parties appeared before the Court where the Court asked the respondent Thakur to file his counter affidavit within 2 weeks. The next date of hearing shall be in middle of March. Thus, we see that study leave, which should have been naturally given to Thakur for having got admission in IIM Lucknow on his own merit, in a course of Human Resource Management, which is so relevant to his service, is being denied to him on various frivolous pretexts for the last 3 years. Nutan Thakur 94155-34525 |
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