Supreme Court refuses to entertain PIL for reinstatement of Durga Shakti

NEW DELHI: The Supreme Court has refused to interfere in the suspension of IAS officer Durga Shakti Nagpal. The Uttar Pradesh government had instituted an inquiry against her after suspending her for ordering the demolition of an illegal compound wall of a mosque being built in a village in Greater Noida.

“She can take care of herself and challenge her suspension at the proper forum,” Chief Justice of India P Sathasivam said on Friday, while dismissing a public interest litigation filed by lawyer Manohar Lal Sharma seeking the court’s intervention to quash her suspension. As an IAS officer, Nagpal can challenge her suspension in the Central Administrative Tribunal.

In the inquiry proceedings, the state government had asked Nagpal to explain her “poor administrative acumen” and lack of “foresight” in ordering the demolition of the wall. She was expected to submit her reply on Friday.

The bench headed by the CJI observed it would have dealt with the issue differently if Durga had moved the court, leaving her with the option of approaching the highest court in the land in future. The bench also asked Sharma why he had filed a PIL instead of filing a contempt of court case against the state government.

The PIL had sought contempt of court action against the UP government for acting against an official who was only complying with a Supreme Court order. The Supreme Court had on September 29, 2009, directed all states and Union Territories to ensure that illegal structures do not come up on public land and spaces. All district authorities were personally charged with the responsibility of carrying out the court’s orders.

Following the SC suggestion, Sharma filed a contempt of court petition against the state of UP and said that he would mention it again before the bench which had passed the order asking district authorities to act against illegal religious structures.

Nagpal was the sub-divisional magistrate of Noida, until she was suspended on July 27 by the Akhilesh Yadav government. The issue kicked up a political row after the central government sought a report from the state and the state justified the action citing Haryana’s precedence against another IAS officer Ashok Khemka.

He was transferred by the Congress government of Haryana after he questioned land deals of Congress president Sonia Gandhi’s son-inlaw, Robert Vadra, with real estate major DLF.

In the wake of the central move to seek a report, the state also expressed its intent to ask for withdrawal of all central officers from the state. The episode created a sharp divided among the bureaucratic community too.