SC refuses to interfere in Durga Shakti Nagpal`s case

The Supreme Court on Friday dismissed a PIL which sought quashing of all proceedings against suspended IAS officer Durga Sakthi Nagpal.

Last Updated: Aug 16, 2013, 13:36 PM IST

Zee Media Bureau

New Delhi: The Supreme Court on Friday dismissed a Public Interest Litigation (PIL) which sought quashing of all proceedings against suspended IAS officer Durga Sakthi Nagpal, who had cracked down on illegal sand mining in Uttar Pradesh.

A bench headed by Chief Justice P Sathasivam, while dismissing the PIL, said the court will not interfere in the matter.

Questioning the locus of a lawyer, who filed the PIL, the bench said that it may entertain the petition if she (Nagpal) herself approaches the court.

The bench further said that the officer can take care of herself and can also approach the other authorities including a court, against her suspension order.

"The moment she approaches the court, we will hear her plea and we may pass an interim order," the bench said.

The petitioner had alleged that Nagpal is suffering hardship for following Supreme Court`s order on preventing unauthorised construction of religious buildings on public land and the apex court should protect her.

The PIL filed by advocate M L Sharma had also made the Uttar Pradesh government and the Centre as respondents.

Contending that the action taken against Nagpal was arbitrary, unconstitutional and mala fide, the PIL had sought quashing of all proceedings against the 2010 batch IAS officer, who had clamped down on the mining mafia in Gautam Budh Nagar area of UP.

The PIL said suspending Nagpal was "unconstitutional, arbitrary and lowered the constitutional system" and "the absence of support from top bureaucracy, in both Uttar Pradesh and in New Delhi, is shameful".

The 28-year-old Sub-Divisional Magistrate was suspended on July 27 ostensibly for ordering the demolition of the wall of an under-construction mosque in a village in Noida without following the due process.

The UP government had on August 4 served a chargesheet on the officer, asking her to submit an explanation for her conduct.

Coming out in support of Nagpal, Congress president and the Chairperson of National Advisory Council (NAC) Sonia Gandhi had written a letter to the Prime Minister, saying that she should not be "unfairly treated".

(With PTI inputs)