Durga Shakti Nagpal issue: Can’t interfere,issue between ‘master and servant’: HC

A social activist had filed PIL for direction to DoPT to summon file related to the suspension.

Written by PTI | Lucknow | Published: August 2, 2013 4:30:43 pm

As a controversy raged over the suspension of an IAS officer by the UP government,the Allahabad High Court today declined to interfere in the matter,saying it was an issue “between the master and the servant”.

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The court also voiced concern over illegal mining and sought a reply from the Centre and the state government on the issue.

28-year-old officer Durga Shakti Nagpal,who had clamped down on the mining mafia in UP,was suspended on July 27 ostensibly for demolishing the wall of a mosque in Gautam Budh Nagar.

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Hearing a PIL on the suspension of the Sub-Divisional Magistrate (SDM),the Lucknow bench of the court comprising Justices Devi Prasad Singh and Ashok Pal Singh fixed August 19 as the next date of hearing.

The court,however,refused to interfere in the suspension of Nagpal,saying that it was “a matter between the master and the servant”.

Observing that illegal mining disturbed the ecological balance,the court sought reply as to how many FIRs were lodged,how many dumpers were seized and how many people were arrested after the suspension of Nagpal,a 2010 batch IAS officer.

It also directed the counsel to seek instruction from the Centre on what it has done on the issue.

Appearing on behalf of the state government,Additional Advocate General Bulbul Godiyal raised objection on the issue of maintainability of the PIL on the ground that the petitioner has not disclosed her credentials for filing the litigation as per the Supreme Court ruling.

She also submitted that the PIL was not maintainable in service matters.

The PIL was filed in the registry of the court on July 30 against the suspension of Nagpal. Social activist Nutan Thakur filed the PIL for a direction to department of personnel and training to summon the file related to the suspension of Nagpal and sought cancellation of the suspension if it was found to be illegal and improper.

According to the petitioner’s counsel Ashok Pandey,the petition has pleaded that the central government should direct the state governments against harassing officers working to check illegal construction of religious places and illegal mining.

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