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This is an archive article published on August 3, 2013

HC pats officer,but refuses to interfere

The Lucknow Bench of the Allahabad High Court on Friday declined to interfere in the matter of suspension of IAS officer Durga Shakti Nagpal

The Lucknow Bench of the Allahabad High Court on Friday declined to interfere in the matter of suspension of IAS officer Durga Shakti Nagpal,but appreciated the action taken by the IAS officer against illegal mining in Noida and asked the state government to file an affidavit regarding the status of illegal mining after her suspension.

A Bench of Justices Devi Prasad Singh and Ashok Pal Singh was hearing a PIL,filed by social activist Nutan Thakur,wherein she had urged the court to issue directions to the Government of India for stepping into the matter of suspension of Nagpal as well as to issue direction to the Chief Secretary of the Uttar Pradesh to revoke Nagpal’s suspension.

However,the judges observed that it is not open for the court to interfere in the matter as the issue of suspension of the IAS officer is between the government and the public servant,and Nagpal has not approached the court in this matter.

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The court,appreciating Nagpal’s work,said she “bravely” exercised her jurisdiction to seize 24 dumpers and stopped illegal mining in Noida,arrested 15 alleged offenders and formed Special Flying Squad to check the menace.

But in order for the court to interfere in the matter of suspension of Nagpal,the judges observed that the officer herself will have to approach the court.

The court further said in case the ecological balance is disturbed by illegal mining,affecting the course of a river,then it is a matter of great concern not only for the government but also for the higher judiciary.

The court instructed UP’s Additional Advocate General Bulbul Godiyal to apprise the court about how many people had been arrested,how many dumpers seized and how many FIRs have been lodged against illegal mining after the suspension/removal of Nagpal. The state has to file an affidavit in this regard within a week.

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The court also asked Assistant Solicitor General I H Farooqui to apprise it of the matter pending with the Government of India relating to the controversy of Nagpal’s suspension. The matter is posted for August 19 for next hearing.

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